Modifies the definition of disorderly conduct for family offense proceedings to not require an intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, but merely an intent to cause annoyance or alarm, or recklessly creating a risk thereof.
STATE OF NEW YORK
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6786--A
2019-2020 Regular Sessions
IN SENATE
October 21, 2019
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Children and Families in accordance with Senate Rule
6, sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the family court act and the criminal procedure law, in
relation to disorderly conduct
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 109 of the laws of 2019, 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 as set forth in subdivisions one, three, four, five,
7 six and seven of section 240.20 of the penal law, unlawful dissemination
8 or publication of an intimate image, harassment in the first degree,
9 harassment in the second degree, aggravated harassment in the second
10 degree, sexual misconduct, forcible touching, sexual abuse in the third
11 degree, sexual abuse in the second degree as set forth in subdivision
12 one of section 130.60 of the penal law, stalking in the first degree,
13 stalking in the second degree, stalking in the third degree, stalking in
14 the fourth degree, criminal mischief, menacing in the second degree,
15 menacing in the third degree, reckless endangerment, criminal
16 obstruction of breathing or blood circulation, strangulation in the
17 second degree, strangulation in the first degree, assault in the second
18 degree, assault in the third degree, an attempted assault, identity
19 theft in the first degree, identity theft in the second degree, identity
20 theft in the third degree, grand larceny in the fourth degree, grand
21 larceny in the third degree, coercion in the second degree or coercion
22 in the third degree as set forth in subdivisions one, two and three of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13934-02-0
S. 6786--A 2
1 section 135.60 of the penal law between spouses or former spouses, or
2 between parent and child or between members of the same family or house-
3 hold except that if the respondent would not be criminally responsible
4 by reason of age pursuant to section 30.00 of the penal law, then the
5 family court shall have exclusive jurisdiction over such proceeding.
6 Notwithstanding a complainant's election to proceed in family court, the
7 criminal court shall not be divested of jurisdiction to hear a family
8 offense proceeding pursuant to this section. In any proceeding pursuant
9 to this article, a court shall not deny an order of protection, or
10 dismiss a petition, solely on the basis that the acts or events alleged
11 are not relatively contemporaneous with the date of the petition, the
12 conclusion of the fact-finding or the conclusion of the dispositional
13 hearing. For purposes of this article, "disorderly conduct" includes
14 disorderly conduct not in a public place and does not require an intent
15 to cause public inconvenience, annoyance or alarm, or recklessly creat-
16 ing a risk thereof, but merely an intent to cause annoyance or alarm, or
17 recklessly creating a risk thereof. For purposes of this article,
18 "members of the same family or household" shall mean the following:
19 § 2. The opening paragraph of subdivision 1 of section 530.11 of the
20 criminal procedure law, as amended by chapter 109 of the laws of 2019,
21 is amended to read as follows:
22 The family court and the criminal courts shall have concurrent juris-
23 diction over any proceeding concerning acts which would constitute
24 disorderly conduct as set forth in subdivisions one, three, four, five,
25 six and seven of section 240.20 of the penal law, unlawful dissemination
26 or publication of an intimate image, harassment in the first degree,
27 harassment in the second degree, aggravated harassment in the second
28 degree, sexual misconduct, forcible touching, sexual abuse in the third
29 degree, sexual abuse in the second degree as set forth in subdivision
30 one of section 130.60 of the penal law, stalking in the first degree,
31 stalking in the second degree, stalking in the third degree, stalking in
32 the fourth degree, criminal mischief, menacing in the second degree,
33 menacing in the third degree, reckless endangerment, strangulation in
34 the first degree, strangulation in the second degree, criminal
35 obstruction of breathing or blood circulation, assault in the second
36 degree, assault in the third degree, an attempted assault, identity
37 theft in the first degree, identity theft in the second degree, identity
38 theft in the third degree, grand larceny in the fourth degree, grand
39 larceny in the third degree, coercion in the second degree or coercion
40 in the third degree as set forth in subdivisions one, two and three of
41 section 135.60 of the penal law between spouses or former spouses, or
42 between parent and child or between members of the same family or house-
43 hold except that if the respondent would not be criminally responsible
44 by reason of age pursuant to section 30.00 of the penal law, then the
45 family court shall have exclusive jurisdiction over such proceeding.
46 Notwithstanding a complainant's election to proceed in family court, the
47 criminal court shall not be divested of jurisdiction to hear a family
48 offense proceeding pursuant to this section. For purposes of this
49 section, "disorderly conduct" includes disorderly conduct not in a
50 public place and does not require an intent to cause public inconven-
51 ience, annoyance or alarm, or recklessly creating a risk thereof, but
52 merely an intent to cause annoyance or alarm, or recklessly creating a
53 risk thereof. For purposes of this section, "members of the same family
54 or household" with respect to a proceeding in the criminal courts shall
55 mean the following:
56 § 3. This act shall take effect immediately.