S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6147
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 5, 2025
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the criminal procedure law and the family court act,  in
   relation  to  including  rape  in the third degree, rape in the second
   degree and rape in the first degree as family offenses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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  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, RAPE IN THE THIRD DEGREE AS SET FORTH IN  SECTION  130.25  OF
 THE  PENAL LAW, RAPE IN THE SECOND DEGREE AS SET FORTH IN SECTION 130.30
 OF THE PENAL LAW, RAPE IN THE FIRST  DEGREE  AS  SET  FORTH  IN  SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10566-01-5
              

 S. 6147                             2
 
 130.35  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 fami-
 ly  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.
   §  2. 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 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,  RAPE  IN  THE  THIRD  DEGREE AS SET FORTH IN SECTION 130.25 OF THE
 PENAL LAW, RAPE IN THE SECOND DEGREE AS SET FORTH IN SECTION  130.30  OF
 THE  PENAL  LAW, RAPE IN THE FIRST DEGREE AS SET FORTH IN SECTION 130.35
 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
 S. 6147                             3
 
 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:
   (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.