NY State Senate Bill 2021-S9545

Archive: Last Bill Status - In Senate Committee Rules 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 31, 2022	referred to rules

2021-S9545 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Family Court Act
Laws Affected:: Amd §812, Fam Ct Act; amd §530.11, CP L
Versions Introduced in 2023-2024 Legislative Session:: S4474, S6288

2021-S9545 (ACTIVE) - Summary

Enacts "Melanie's law"; relates to orders of protection; allows courts to issue orders of protection for immediate family members or household members of the named victims, regardless of age.

2021-S9545 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9545

SPONSOR: SERINO
 
TITLE OF BILL:

An act to amend the family court act and the criminal procedure law, in
relation to orders of protection

 
PURPOSE:

To allow courts to issue orders of protection for immediate family
members or household members of the named victims, regardless of age.

 
SUMMARY OF PROVISIONS:

Section 1: Provides for the short title of this act, which shall be
known and may be cited as "Melanie's Law."

Section 2: Amends the family court act to expand the definition of
"members of the same family or household" to include persons who are
related by consanguinity or affinity to parties who are or have been in
an intimate relationship.

Section 3: Amends the criminal procedure law to expand the definition of
"members of the same family or household" to include persons who are
related by consanguinity or affinity to parties who are or have been in
an intimate relationship.

Section 4: Provides the effective date.

 
JUSTIFICATION:

Melanie Chianese, a resident of Wappinger, NY, was a loving mother to
her son, and was working toward her degree in alcohol and substance
abuse counseling when her life was tragically taken by her mother's
ex-boyfriend while he was under supervised release pending sentence
after pleading guilty to a domestic violence felony. The perpetrator had
a record of domestic violence allegations and an order of protection was
issued for Melanie's mother and her own son. However, as Melanie was not
an immediate family member and did not have an intimate relationship
with the perpetrator, and because she was not a minor, the order of
protection that was requested for Melanie had been denied by the court.

This oversight in the law prevents close family members of those receiv-
ing a protective order from being protected themselves. It is imperative
that such loopholes do not continue to prevent others from getting the
protection they need, and this legislation would address that by expand-
ing the definition of "members of the same family or household" in the
Family Court Act and Criminal Procedure Law, to include persons who are
related by consanguinity or affinity to parties who are or have been in
an intimate relationship.

The risks posed by offenders do not strictly follow statutory defi-
nitions, nor do they disappear when a potential victims turns 18.  By
providing a more comprehensive scope of who may be covered by an order
of protection, this legislation can help prevent Melanie's tragedy from
being repeated.


This act is named after Melanie to honor her passion for helping others
during her life in hopes that her story can inspire needed change and
save lives.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9545 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9545
 
                             I N  S E N A T E
 
                              August 31, 2022
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation to orders of protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and  may  be  cited  as  "Melanie's
 law".
   §  2. 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, 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 breath-
 ing or blood circulation, strangulation in the second degree, strangula-
 tion  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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16184-01-2
 S. 9545                             2
 
 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:
   (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 RELATED BY CONSANGUINITY OR AFFINITY TO PARTIES
 WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP AS DEFINED IN PARAGRAPH
 (E) OF THIS SUBDIVISION.
   § 3. Subdivision 1 of section 530.11 of the criminal procedure law, 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,  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,  strangulation  in  the  first
 degree,  strangulation  in  the  second  degree, criminal obstruction of
 breathing or blood circulation, 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 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
 S. 9545                             3
 
 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. For purposes of this section,  "disorderly
 conduct"  includes  disorderly  conduct  not  in  a  public place.   For
 purposes of this section, "members of the same family or household" with
 respect to a proceeding in the criminal courts 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 RELATED BY CONSANGUINITY OR  AFFINITY  TO  PARTIES
 WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP AS DEFINED IN PARAGRAPH
 (E) OF THIS SUBDIVISION.
   § 4. This act shall take effect immediately.

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Senate Bill S9545

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9545 (ACTIVE) - Details

2021-S9545 (ACTIVE) - Summary

2021-S9545 (ACTIVE) - Sponsor Memo

2021-S9545 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9545

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Rules Committee

2021-S9545 (ACTIVE) - Details

2021-S9545 (ACTIVE) - Summary

2021-S9545 (ACTIVE) - Sponsor Memo

2021-S9545 (ACTIVE) - Bill Text download pdf

Comments