Assembly Bill A3361

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3361
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. McKEVITT, GRAF, KOLB -- read once and referred to
   the Committee on Judiciary
 
 AN  ACT  to amend the family court act, in relation to concurrent juris-
   diction over certain family offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  The  opening paragraph of subdivision 1 of section 812 of
 the family court act, as amended by chapter 526 of the laws of 2013,  is
 amended to read as follows:
   The  family court and the criminal courts shall have concurrent juris-
 diction over any  proceeding  concerning  acts  which  would  constitute
 disorderly  conduct,  CRIMINAL  TRESPASS  IN  THE THIRD DEGREE, UNLAWFUL
 IMPRISONMENT IN THE SECOND  DEGREE,  harassment  in  the  first  degree,
 harassment  in  the  second  degree, aggravated harassment in the second
 degree, sexual misconduct, forcible touching, sexual abuse in the  third
 degree,  sexual  abuse  in the second degree as set forth in subdivision
 one of section 130.60 of the penal law, stalking in  the  first  degree,
 stalking in the second degree, stalking in the third degree, stalking in
 the  fourth  degree,  criminal  mischief, menacing in the second degree,
 menacing  in  the  third   degree,   reckless   endangerment,   criminal
 obstruction  of  breathing  or  blood  circulation, strangulation in the
 second degree, strangulation in the first degree, assault in the  second
 degree,  assault  in  the  third  degree, an attempted assault, identity
 theft in the first degree, identity theft in the second degree, identity
 theft in the third degree, grand larceny in  the  fourth  degree,  grand
 larceny  in  the  third  degree  or coercion in the second degree as set
 forth in subdivisions one, two and three of section 135.60 of the  penal
 law  between  spouses  or former spouses, or between parent and child or
 between members of the same family  or  household  except  that  if  the
 respondent would not be criminally responsible by reason of age pursuant
 to  section  30.00  of  the  penal law, then the family court shall have
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04652-01-7

 A. 3361                             2
 
 exclusive  jurisdiction  over   such   proceeding.   Notwithstanding   a
 complainant's  election  to  proceed in family court, the criminal court
 shall not be divested of jurisdiction to hear a family offense  proceed-
 ing  pursuant  to this section. In any proceeding pursuant to this arti-
 cle, a court shall not deny an order of protection, or dismiss  a  peti-
 tion,  solely  on  the  basis  that  the  acts or events alleged are not
 relatively contemporaneous with the date of the petition, the conclusion
 of the fact-finding or the conclusion of the dispositional hearing.  For
 purposes  of  this  article,  "disorderly  conduct"  includes disorderly
 conduct not in a public place. For purposes of this article, "members of
 the same family or household" shall mean the following:
   § 2. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.