Bill Text: NY S06786 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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 10-0)

Status: (Introduced - Dead) 2020-03-10 - PRINT NUMBER 6786A [S06786 Detail]

Download: New_York-2019-S06786-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6786

                               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

        AN ACT to amend the family court act, 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, unlawful dissemination or publication of an intimate
     7  image,  harassment in the first degree, harassment in the second degree,
     8  aggravated harassment in the second degree, sexual misconduct,  forcible
     9  touching,  sexual  abuse in the third degree, sexual abuse in the second
    10  degree as set forth in subdivision one of section 130.60  of  the  penal
    11  law, stalking in the first degree, stalking in the second degree, stalk-
    12  ing  in  the  third  degree,  stalking  in  the  fourth degree, criminal
    13  mischief, menacing in the second degree, menacing in the  third  degree,
    14  reckless endangerment, criminal obstruction of breathing or blood circu-
    15  lation,  strangulation  in the second degree, strangulation in the first
    16  degree, assault in the second degree, assault in the  third  degree,  an
    17  attempted assault, identity theft in the first degree, identity theft in
    18  the  second degree, identity theft in the third degree, grand larceny in
    19  the fourth degree, grand larceny in the third degree,  coercion  in  the
    20  second  degree  or coercion in the third degree as set forth in subdivi-
    21  sions one, two and three of section 135.60  of  the  penal  law  between
    22  spouses  or  former  spouses,  or  between  parent  and child or between
    23  members of the same family or household except that  if  the  respondent
    24  would not be criminally responsible by reason of age pursuant to section
    25  30.00  of  the  penal  law,  then  the family court shall have exclusive
    26  jurisdiction  over  such  proceeding.  Notwithstanding  a  complainant's

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13934-01-9
        S. 6786                             2

     1  election  to  proceed  in  family court, the criminal court shall not be
     2  divested of jurisdiction to hear a family offense proceeding pursuant to
     3  this section. In any proceeding pursuant to this article, a court  shall
     4  not  deny  an  order of protection, or dismiss a petition, solely on the
     5  basis that the acts or events alleged are not relatively contemporaneous
     6  with the date of the petition, the conclusion of the fact-finding or the
     7  conclusion of the dispositional hearing. For purposes of  this  article,
     8  "disorderly  conduct"  includes disorderly conduct not in a public place
     9  and does not require an intent to cause public inconvenience,  annoyance
    10  or  alarm  but  merely  an  intent  to cause inconvenience, annoyance or
    11  alarm.  For purposes of this article, "members of  the  same  family  or
    12  household" shall mean the following:
    13    § 2. This act shall take effect immediately.