Bill Text: NY S09545 | 2021-2022 | General Assembly | Introduced
Bill Title: Enacts "Melanie's law"; relates to orders of protection; allows courts to issue orders of protection for immediate family members or household members of the named victims, regardless of age.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-08-31 - REFERRED TO RULES [S09545 Detail]
Download: New_York-2021-S09545-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9545 IN SENATE August 31, 2022 ___________ Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act and the criminal procedure law, in relation to orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Melanie's 2 law". 3 § 2. Subdivision 1 of section 812 of the family court act, as amended 4 by chapter 326 of the laws of 2008, the opening paragraph as amended by 5 chapter 109 of the laws of 2019, is amended to read as follows: 6 1. Jurisdiction. The family court and the criminal courts shall have 7 concurrent jurisdiction over any proceeding concerning acts which would 8 constitute disorderly conduct, unlawful dissemination or publication of 9 an intimate image, harassment in the first degree, harassment in the 10 second degree, aggravated harassment in the second degree, sexual 11 misconduct, forcible touching, sexual abuse in the third degree, sexual 12 abuse in the second degree as set forth in subdivision one of section 13 130.60 of the penal law, stalking in the first degree, stalking in the 14 second degree, stalking in the third degree, stalking in the fourth 15 degree, criminal mischief, menacing in the second degree, menacing in 16 the third degree, reckless endangerment, criminal obstruction of breath- 17 ing or blood circulation, strangulation in the second degree, strangula- 18 tion in the first degree, assault in the second degree, assault in the 19 third degree, an attempted assault, identity theft in the first degree, 20 identity theft in the second degree, identity theft in the third degree, 21 grand larceny in the fourth degree, grand larceny in the third degree, 22 coercion in the second degree or coercion in the third degree as set 23 forth in subdivisions one, two and three of section 135.60 of the penal 24 law between spouses or former spouses, or between parent and child or 25 between members of the same family or household except that if the 26 respondent would not be criminally responsible by reason of age pursuant 27 to section 30.00 of the penal law, then the family court shall have 28 exclusive jurisdiction over such proceeding. Notwithstanding a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16184-01-2S. 9545 2 1 complainant's election to proceed in family court, the criminal court 2 shall not be divested of jurisdiction to hear a family offense proceed- 3 ing pursuant to this section. In any proceeding pursuant to this arti- 4 cle, a court shall not deny an order of protection, or dismiss a peti- 5 tion, solely on the basis that the acts or events alleged are not 6 relatively contemporaneous with the date of the petition, the conclusion 7 of the fact-finding or the conclusion of the dispositional hearing. For 8 purposes of this article, "disorderly conduct" includes disorderly 9 conduct not in a public place. For purposes of this article, "members of 10 the same family or household" shall mean the following: 11 (a) persons related by consanguinity or affinity; 12 (b) persons legally married to one another; 13 (c) persons formerly married to one another regardless of whether they 14 still reside in the same household; 15 (d) persons who have a child in common regardless of whether such 16 persons have been married or have lived together at any time; [and] 17 (e) persons who are not related by consanguinity or affinity and who 18 are or have been in an intimate relationship regardless of whether such 19 persons have lived together at any time. Factors the court may consider 20 in determining whether a relationship is an "intimate relationship" 21 include but are not limited to: the nature or type of relationship, 22 regardless of whether the relationship is sexual in nature; the frequen- 23 cy of interaction between the persons; and the duration of the relation- 24 ship. Neither a casual acquaintance nor ordinary fraternization between 25 two individuals in business or social contexts shall be deemed to 26 constitute an "intimate relationship"; and 27 (f) persons who are related by consanguinity or affinity to parties 28 who are or have been in an intimate relationship as defined in paragraph 29 (e) of this subdivision. 30 § 3. Subdivision 1 of section 530.11 of the criminal procedure law, as 31 amended by chapter 326 of the laws of 2008, the opening paragraph as 32 amended by chapter 109 of the laws of 2019, is amended to read as 33 follows: 34 1. Jurisdiction. The family court and the criminal courts shall have 35 concurrent jurisdiction over any proceeding concerning acts which would 36 constitute disorderly conduct, unlawful dissemination or publication of 37 an intimate image, harassment in the first degree, harassment in the 38 second degree, aggravated harassment in the second degree, sexual 39 misconduct, forcible touching, sexual abuse in the third degree, sexual 40 abuse in the second degree as set forth in subdivision one of section 41 130.60 of the penal law, stalking in the first degree, stalking in the 42 second degree, stalking in the third degree, stalking in the fourth 43 degree, criminal mischief, menacing in the second degree, menacing in 44 the third degree, reckless endangerment, strangulation in the first 45 degree, strangulation in the second degree, criminal obstruction of 46 breathing or blood circulation, assault in the second degree, assault in 47 the third degree, an attempted assault, identity theft in the first 48 degree, identity theft in the second degree, identity theft in the third 49 degree, grand larceny in the fourth degree, grand larceny in the third 50 degree, coercion in the second degree or coercion in the third degree as 51 set forth in subdivisions one, two and three of section 135.60 of the 52 penal law between spouses or former spouses, or between parent and child 53 or between members of the same family or household except that if the 54 respondent would not be criminally responsible by reason of age pursuant 55 to section 30.00 of the penal law, then the family court shall have 56 exclusive jurisdiction over such proceeding. Notwithstanding aS. 9545 3 1 complainant's election to proceed in family court, the criminal court 2 shall not be divested of jurisdiction to hear a family offense proceed- 3 ing pursuant to this section. For purposes of this section, "disorderly 4 conduct" includes disorderly conduct not in a public place. For 5 purposes of this section, "members of the same family or household" with 6 respect to a proceeding in the criminal courts shall mean the following: 7 (a) persons related by consanguinity or affinity; 8 (b) persons legally married to one another; 9 (c) persons formerly married to one another regardless of whether they 10 still reside in the same household; 11 (d) persons who have a child in common, regardless of whether such 12 persons have been married or have lived together at any time; [and] 13 (e) persons who are not related by consanguinity or affinity and who 14 are or have been in an intimate relationship regardless of whether such 15 persons have lived together at any time. Factors the court may consider 16 in determining whether a relationship is an "intimate relationship" 17 include but are not limited to: the nature or type of relationship, 18 regardless of whether the relationship is sexual in nature; the frequen- 19 cy of interaction between the persons; and the duration of the relation- 20 ship. Neither a casual acquaintance nor ordinary fraternization between 21 two individuals in business or social contexts shall be deemed to 22 constitute an "intimate relationship"; and 23 (f) persons who are related by consanguinity or affinity to parties 24 who are or have been in an intimate relationship as defined in paragraph 25 (e) of this subdivision. 26 § 4. This act shall take effect immediately.
