Bill Text: NY A08766 | 2019-2020 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-10 - print number 8766a [A08766 Detail]
Download: New_York-2019-A08766-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8766--A 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accord- ance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee 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. LBD13934-03-0A. 8766--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.
