Assembly Bill A10240

2019-2020 Legislative Session

Relates to concurrent jurisdiction

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10240 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §812, Fam Ct Act

2019-A10240 (ACTIVE) - Summary

Relates to concurrent jurisdiction.

2019-A10240 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10240
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the family court act, in relation to  concurrent  juris-
   diction
 
   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 109 of the laws of 2019, 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, unlawful dissemination or publication of an intimate
 image, UNLAWFUL SURVEILLANCE IN THE FIRST DEGREE, UNLAWFUL  SURVEILLANCE
 IN  THE  SECOND  DEGREE,  DISSEMINATION  OF UNLAWFUL SURVEILLANCE IN THE
 FIRST DEGREE, DISSEMINATION  OF  UNLAWFUL  SURVEILLANCE  IN  THE  SECOND
 DEGREE,  CRIMINAL  IMPERSONATION 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] COERCION IN THE SECOND
 DEGREE OR COERCION IN THE THIRD DEGREE AS SET FORTH IN SUBDIVISIONS ONE,
 TWO, THREE, FOUR, FIVE, AND NINE OF SECTION 135.60  OF  THE  PENAL  LAW,
 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 FAMI-
 LY COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER SUCH PROCEEDING.
   THE FAMILY COURT AND THE CRIMINAL COURTS SHALL HAVE CONCURRENT  JURIS-
 DICTION OVER ANY PROCEEDING CONCERNING ACTS WHICH WOULD CONSTITUTE CRIM-
 INAL  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, iden-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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