Bill Text: NY A07522 | 2011-2012 | General Assembly | Introduced

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Bill Title: Adds the offenses of criminal trespass in the third degree and unlawful imprisonment in the second degree to the offenses over which the family court and criminal courts have concurrent jurisdiction.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2012-06-05 - held for consideration in judiciary [A07522 Detail]

Download: New_York-2011-A07522-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7522
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 10, 2011
                                      ___________
       Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
         tee on Judiciary
       AN  ACT  to amend the family court act, in relation to concurrent juris-
         diction over certain family offenses
         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 separately amended by chapters 341 and  405  of
    3  the laws of 2010, is 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,  CRIMINAL  TRESPASS  IN  THE THIRD DEGREE, UNLAWFUL
    7  IMPRISONMENT IN THE SECOND  DEGREE,  harassment  in  the  first  degree,
    8  harassment  in  the  second  degree, aggravated harassment in the second
    9  degree, sexual misconduct, forcible touching, sexual abuse in the  third
   10  degree,  sexual  abuse  in the second degree as set forth in subdivision
   11  one of section 130.60 of the penal law, stalking in  the  first  degree,
   12  stalking in the second degree, stalking in the third degree, stalking in
   13  the  fourth  degree,  criminal  mischief, menacing in the second degree,
   14  menacing  in  the  third   degree,   reckless   endangerment,   criminal
   15  obstruction  of  breathing  or  blood  circulation, strangulation in the
   16  second degree, strangulation in the first degree, assault in the  second
   17  degree,  assault  in  the third degree or an attempted assault, criminal
   18  obstruction of breathing or blood circulation or  strangulation  between
   19  spouses  or  former  spouses,  or  between  parent  and child or between
   20  members of the same family or household except that  if  the  respondent
   21  would not be criminally responsible by reason of age pursuant to section
   22  30.00  of  the  penal  law,  then  the family court shall have exclusive
   23  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's
   24  election  to  proceed  in  family court, the criminal court shall not be
   25  divested of jurisdiction to hear a family offense proceeding pursuant to
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11081-01-1
       A. 7522                             2
    1  this section. In any proceeding pursuant to this article, a court  shall
    2  not  deny  an  order of protection, or dismiss a petition, solely on the
    3  basis that the acts or events alleged are not relatively contemporaneous
    4  with the date of the petition, the conclusion of the fact-finding or the
    5  conclusion  of  the dispositional hearing. For purposes of this article,
    6  "disorderly conduct" includes disorderly conduct not in a public  place.
    7  For  purposes of this article, "members of the same family or household"
    8  shall mean the following:
    9    S 2. This act shall take effect on the first of November next succeed-
   10  ing the date on which it shall have become a law.