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A08281 Summary:

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A08281 Floor Votes:

A08281 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8281--C
                                                                Cal. No. 568
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 12, 2009
                                       ___________
 
        Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
          tee on Children and Families -- reported and referred to the Committee
          on  Codes  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- again reported from  said

          committee  with amendments, ordered reprinted as amended and recommit-
          ted to said committee -- reported from committee, advanced to a  third
          reading,  amended  and  ordered  reprinted, retaining its place on the
          order of third reading
 
        AN ACT to amend the family court act and the criminal procedure law,  in
          relation  to  family  offenses alleged to have been committed by juve-
          niles under the age of eighteen
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  opening paragraph of subdivision 1 of section 812 of
     2  the family court act, as amended by chapter 476 of the laws of 2009,  is
     3  amended to read as follows:
     4    The  family court and the criminal courts shall have concurrent juris-
     5  diction over any  proceeding  concerning  acts  which  would  constitute

     6  disorderly  conduct,  harassment  in the first degree, harassment in the
     7  second degree,  aggravated  harassment  in  the  second  degree,  sexual
     8  misconduct,  forcible touching, sexual abuse in the third degree, sexual
     9  abuse in the second degree as set forth in subdivision  one  of  section
    10  130.60  of  the penal law, stalking in the first degree, stalking in the
    11  second degree, stalking in the third  degree,  stalking  in  the  fourth
    12  degree,  criminal  mischief,  menacing in the second degree, menacing in
    13  the third degree, reckless endangerment, assault in the  second  degree,
    14  assault  in  the third degree or an attempted assault between spouses or
    15  former spouses, or between parent and child or between  members  of  the
    16  same  family  or  household  except  that if the respondent would not be
    17  criminally responsible by reason of age pursuant to section 30.00 of the

    18  penal law, then the family court shall have exclusive jurisdiction  over
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10369-04-0
        A. 8281--C                          2
 
     1  such  proceeding.  Family  offenses  alleged to have been committed by a
     2  child under the age of eighteen against a parent or  guardian  shall  be
     3  addressed in accordance with article seven, rather than this article, of
     4  this  act. Notwithstanding a complainant's election to proceed in family
     5  court, the criminal court shall not be divested of jurisdiction to  hear
     6  a  family  offense  proceeding pursuant to this section. For purposes of

     7  this article, "disorderly conduct" includes disorderly conduct not in  a
     8  public  place. For purposes of this article, "members of the same family
     9  or household" shall mean the following:
    10    § 2. The opening paragraph of subdivision 1 of section 530.11  of  the
    11  criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
    12  is amended to read as follows:
    13    The family court and the criminal courts shall have concurrent  juris-
    14  diction  over  any  proceeding  concerning  acts  which would constitute
    15  disorderly conduct, harassment in the first degree,  harassment  in  the
    16  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    17  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    18  abuse  in  the  second degree as set forth in subdivision one of section
    19  130.60 of the penal law, stalking in the first degree, stalking  in  the

    20  second  degree,  stalking  in  the  third degree, stalking in the fourth
    21  degree, criminal mischief, menacing in the second  degree,  menacing  in
    22  the  third  degree, reckless endangerment, assault in the second degree,
    23  assault in the third degree or an attempted assault between  spouses  or
    24  former  spouses,  or  between parent and child or between members of the
    25  same family or household except that if  the  respondent  would  not  be
    26  criminally responsible by reason of age pursuant to section 30.00 of the
    27  penal  law, then the family court shall have exclusive jurisdiction over
    28  such proceeding.  Family offenses alleged to have been  committed  by  a
    29  child  under  the  age of eighteen against a parent or guardian shall be
    30  addressed in accordance with article seven  of  the  family  court  act.

    31  Notwithstanding a complainant's election to proceed in family court, the
    32  criminal  court  shall  not be divested of jurisdiction to hear a family
    33  offense proceeding pursuant  to  this  section.  For  purposes  of  this
    34  section,  "disorderly  conduct"  includes  disorderly  conduct  not in a
    35  public place.  For purposes of this section, "members of the same family
    36  or household" with respect to a proceeding in the criminal courts  shall
    37  mean the following:
    38    §  3.  This  act shall take effect on the ninetieth day after it shall
    39  have become a law and shall apply to petitions filed on  or  after  such
    40  effective date.