S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5641
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. GIGLIO, BARCLAY, KOLB, LAWRENCE, B. MILLER, MORI-
   NELLO,  PALMESANO,  REILLY, SAYEGH, TAGUE -- read once and referred to
   the Committee on Judiciary
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation to transferring certain proceedings to supreme court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by  adding  a  new  section
 813-a to read as follows:
   §  813-A. TRANSFER TO SUPREME COURT. 1. AT ANY TIME PRIOR TO A FINDING
 ON THE PETITION THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  ORDER  THAT
 ANY  MATTER  WHICH  IS THE SUBJECT OF A PROCEEDING COMMENCED PURSUANT TO
 SECTION EIGHT HUNDRED TWELVE  OF  THIS  ACT,  A  MATRIMONIAL  ACTION  IN
 SUPREME  COURT  AND  A  CRIMINAL  ACTION IN A CRIMINAL COURT RELATING TO
 FAMILY OFFENSE MATTERS PURSUANT TO SECTION 530.11 OF THE CRIMINAL PROCE-
 DURE LAW, BE TRANSFERRED TO THE  SUPREME  COURT  WHERE  THE  MATRIMONIAL
 ACTION IS BEING HEARD.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS, PURSUANT TO PARAGRAPH (E) OF
 SUBDIVISION  TWO  OF  SECTION  TWO  HUNDRED TWELVE OF THE JUDICIARY LAW,
 SHALL PROMULGATE RULES TO FACILITATE RECORD SHARING AND  OTHER  COMMUNI-
 CATION  BETWEEN  THE  SUPREME  COURT,  CRIMINAL COURT AND FAMILY COURTS,
 SUBJECT TO APPLICABLE PROVISIONS OF THE CIVIL PRACTICE  LAW  AND  RULES,
 THE CRIMINAL PROCEDURE LAW AND THIS ACT PERTAINING TO THE CONFIDENTIALI-
 TY,  EXPUNGEMENT  AND SEALING OF RECORDS, WHEN A PETITION IS TRANSFERRED
 TO SUPREME COURT OVER SUCH MATTERS AS SPECIFIED IN  SUBDIVISION  ONE  OF
 THIS SECTION.
   § 2. Subdivision 7 of section 530.11 of the criminal procedure law, as
 added  by chapter 222 of the laws of 1994, is amended and a new subdivi-
 sion 1-a is added to read as follows:
   1-A. TRANSFER TO SUPREME COURT. IF AT ANY TIME PRIOR TO  THE  DISPOSI-
 TION  OF  ANY  PROCEEDING  CONCERNING ACTS WHICH WOULD CONSTITUTE FAMILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06946-01-9

 A. 5641                             2
 
 OFFENSE MATTERS  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION,  THE
 COMPLAINT  HAS  A  CONCURRENT  PROCEEDING  IN  FAMILY COURT WHICH IS THE
 SUBJECT OF A PROCEEDING COMMENCED  PURSUANT  TO  SECTION  EIGHT  HUNDRED
 TWELVE  OF  THE  FAMILY  COURT  ACT  AND A MATRIMONIAL ACTION IN SUPREME
 COURT, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ORDER THAT THE CRIMI-
 NAL COURT AND FAMILY COURT PROCEEDINGS BE  TRANSFERRED  TO  THE  SUPREME
 COURT WHERE THE MATRIMONIAL ACTION IS BEING HEARD.
   7.  Rules of court regarding concurrent jurisdiction. The chief admin-
 istrator of the courts, pursuant to paragraph (e) of subdivision two  of
 section  two hundred twelve of the judiciary law, shall promulgate rules
 to facilitate record sharing and other communication between the  crimi-
 nal  and family courts, subject to applicable provisions of this chapter
 and the family court act pertaining to the confidentiality,  expungement
 and  sealing  of records, when such courts exercise concurrent jurisdic-
 tion over family offense proceedings OR WHEN PROCEEDINGS ARE TRANSFERRED
 TO SUPREME COURT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.