Assembly Bill A10240

                            
 
                     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
              

                       [ ] is old law to be omitted.
                                                            LBD15117-02-0

 A. 10240                            2
 
 tity theft in the second degree, identity theft  in  the  third  degree,
 grand  larceny  in  the  fourth  degree,  OR  grand larceny in the third
 degree, [coercion in the second degree or coercion in the  third  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  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 immediately.