S T A T E O F N E W Y O R K
________________________________________________________________________
3927
2025-2026 Regular Sessions
I N A S S E M B L Y
January 30, 2025
___________
Introduced by M. of A. HEVESI -- 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 false reports of child abuse or maltreatment or abuse or
neglect of a vulnerable person
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 541 of the laws of 2024, 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 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE AS SET
FORTH IN SUBDIVISION FOUR OF SECTION 240.50 OF THE PENAL LAW, disorderly
conduct, unlawful dissemination or publication of an intimate image,
harassment in the first degree, harassment in the second degree, aggra-
vated 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, stalk-
ing 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.
LBD01673-01-5
A. 3927 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;
(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.
§ 2. Subdivision 1 of section 530.11 of the criminal procedure law, as
amended by chapter 541 of the laws of 2024, 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 FALSELY REPORTING AN INCIDENT IN THE THIRD DEGREE AS SET
FORTH IN SUBDIVISION FOUR OF SECTION 240.50 OF THE PENAL LAW, disorderly
conduct, unlawful dissemination or publication of an intimate image,
harassment in the first degree, harassment in the second degree, aggra-
vated 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, stalk-
ing 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 circu-
lation, 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
A. 3927 3
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 proceeding 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;
(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. This act shall take effect immediately.