Bill Text: NY A10240 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to concurrent jurisdiction.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-08 - referred to judiciary [A10240 Detail]

Download: New_York-2019-A10240-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10240

                   IN ASSEMBLY

                                      April 8, 2020
                                       ___________

        Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the family court act, in relation to  concurrent  juris-
          diction

          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, unlawful dissemination or publication of an intimate
     7  image, unlawful surveillance in the first degree, unlawful  surveillance
     8  in  the  second  degree,  dissemination  of unlawful surveillance in the
     9  first degree, dissemination  of  unlawful  surveillance  in  the  second
    10  degree,  criminal  impersonation in the second degree, harassment in the
    11  first degree, harassment in the second degree, aggravated harassment  in
    12  the second degree, sexual misconduct, forcible touching, sexual abuse in
    13  the  third  degree,  sexual  abuse  in the second degree as set forth in
    14  subdivision one of section 130.60 of the  penal  law,  stalking  in  the
    15  first  degree,  stalking  in  the  second  degree, stalking in the third
    16  degree, stalking in the fourth degree, [criminal] coercion in the second
    17  degree or coercion in the third degree as set forth in subdivisions one,
    18  two, three, four, five, and nine of section 135.60  of  the  penal  law,
    19  except  that  if  the  respondent would not be criminally responsible by
    20  reason of age pursuant to section 30.00 of the penal law, then the fami-
    21  ly court shall have exclusive jurisdiction over such proceeding.
    22    The family court and the criminal courts shall have concurrent  juris-
    23  diction over any proceeding concerning acts which would constitute crim-
    24  inal  mischief,  menacing  in  the  second degree, menacing in the third
    25  degree, reckless endangerment,  criminal  obstruction  of  breathing  or
    26  blood  circulation, strangulation in the second degree, strangulation in
    27  the first degree, assault in the second degree,  assault  in  the  third
    28  degree,  an attempted assault, identity theft in the first degree, iden-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15117-02-0
        A. 10240                            2

     1  tity theft in the second degree, identity theft  in  the  third  degree,
     2  grand  larceny  in  the  fourth  degree,  or  grand larceny in the third
     3  degree, [coercion in the second degree or coercion in the  third  degree
     4  as set forth in subdivisions one, two and three of section 135.60 of the
     5  penal  law]  between  spouses  or  former spouses, or between parent and
     6  child or between members of the same family or household except that  if
     7  the  respondent  would  not  be  criminally responsible by reason of age
     8  pursuant to section 30.00 of the penal law, then the family court  shall
     9  have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
    10  complainant's election to proceed in family court,  the  criminal  court
    11  shall  not be divested of jurisdiction to hear a family offense proceed-
    12  ing pursuant to this section. In any proceeding pursuant to  this  arti-
    13  cle,  a  court shall not deny an order of protection, or dismiss a peti-
    14  tion, solely on the basis that  the  acts  or  events  alleged  are  not
    15  relatively contemporaneous with the date of the petition, the conclusion
    16  of  the fact-finding or the conclusion of the dispositional hearing. For
    17  purposes of  this  article,  "disorderly  conduct"  includes  disorderly
    18  conduct not in a public place. For purposes of this article, "members of
    19  the same family or household" shall mean the following:
    20    § 2. This act shall take effect immediately.