The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10481
 
                           I N  A S S E M B L Y
 
                               May 27, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to  concurrent  juris-
   diction of criminal and family courts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 812 of the family  court  act,  as
 amended  by  chapter  326  of the laws of 2008, the opening paragraph as
 amended by chapter 109 of the laws  of  2019,  is  amended  to  read  as
 follows:
   1.  Jurisdiction.  The family court and the criminal courts shall have
 concurrent jurisdiction 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, UNLAWFUL SURVEILLANCE IN THE THIRD
 DEGREE, DISSEMINATION OF UNLAWFUL  SURVEILLANCE  IN  THE  FIRST  DEGREE,
 DISSEMINATION  OF  UNLAWFUL  SURVEILLANCE IN THE SECOND DEGREE, CRIMINAL
 IMPERSONATION IN THE SECOND DEGREE, COMPUTER TRESPASS, UNAUTHORIZED  USE
 OF  A COMPUTER, 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 circu-
 lation,  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,  coercion  in  the
 second  degree  or coercion in the third degree as set forth in subdivi-
 sions one, two and three of section 135.60  of  the  penal  law  between
 spouses  or  former  spouses,  or  between  parent  and child or between
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14488-03-2
 A. 10481                            2
 
 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 proceeding pursuant to
 this  section. In any proceeding pursuant to this article, a court shall
 not deny an order of protection, or dismiss a petition,  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:
   (a) persons related by consanguinity or affinity;
   (b) persons legally married to one another;
   (c) persons formerly married to one another regardless of whether they
 still reside in the same household;
   (d) persons who have a child in  common  regardless  of  whether  such
 persons have been married or have lived together at any time; [and]
   (e)  persons  who are not related by consanguinity or affinity and who
 are or have been in an intimate relationship regardless of whether  such
 persons  have lived together at any time. Factors the court may consider
 in determining whether a  relationship  is  an  "intimate  relationship"
 include  but  are  not  limited  to: the nature or type of relationship,
 regardless of whether the relationship is sexual in nature; the frequen-
 cy of interaction between the persons; and the duration of the relation-
 ship. Neither a casual acquaintance nor ordinary fraternization  between
 two  individuals  in  business  or  social  contexts  shall be deemed to
 constitute an "intimate relationship"[.]; AND
   (F) PERSONS WHO ARE NOT RELATED BY CONSANGUINITY, AFFINITY, OR INTIMA-
 CY AND WHO ARE OR HAVE BEEN PARTY TO UNRECIPROCATED  OFFENSIVE  CONTACT.
 "UNRECIPROCATED  OFFENSIVE  CONTACT"  SHALL  BE  DEFINED AS A PATTERN OF
 COMMUNICATION OR ACTIVITY WHEREIN ONE PERSON (THE RESPONDENT) IS ENGAGED
 IN PRIMARILY ONE-SIDED ASSAULTIVE OR THREATENING CONDUCT AND/OR A COURSE
 OF REPEATED, UNWELCOME COMMUNICATION AT OR  ABOUT  ANOTHER  PERSON  (THE
 PETITIONER).  FACTORS  THE  COURT MAY CONSIDER IN DETERMINING WHETHER AN
 ALLEGED OFFENDER IS ENGAGING IN UNRECIPROCATED OFFENSIVE CONTACT INCLUDE
 BUT ARE NOT LIMITED TO: THE EXTENT  TO  WHICH  THE  PETITIONER  HAS  NOT
 CONSENTED  TO  SUCH CONTACT, THE VOLUME AND FREQUENCY OF SUCH CONTACT BY
 THE RESPONDENT, THE COERCIVE, THREATENING, AND/OR HARASSING  CONTENT  OF
 ANY  COMMUNICATIONS  SENT  BY THE RESPONDENT, AND THE SERIOUSNESS AND/OR
 ONE-SIDEDNESS OF SUCH CONTACT.
   § 2. This act shall take effect immediately.