Bill Text: NY S06981 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires the prosecution of juveniles who commit family offenses against his or her parent or legal guardian under article seven of the family court act, rather than article eight of such act.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-06-10 - ADVANCED TO THIRD READING [S06981 Detail]

Download: New_York-2009-S06981-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6981
                                   I N  S E N A T E
                                     March 3, 2010
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Children and Families
       AN ACT to amend the family court act and the criminal procedure law,  in
         relation  to  family  offenses alleged to have been committed by juve-
         niles under the age of eighteen
         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 476 of the laws of 2009,  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,  harassment  in the first degree, harassment in the
    7  second degree,  aggravated  harassment  in  the  second  degree,  sexual
    8  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    9  abuse in the second degree as set forth in subdivision  one  of  section
   10  130.60  of  the penal law, stalking in the first degree, stalking in the
   11  second degree, stalking in the third  degree,  stalking  in  the  fourth
   12  degree,  criminal  mischief,  menacing in the second degree, menacing in
   13  the third degree, reckless endangerment, assault in the  second  degree,
   14  assault  in  the third degree or an attempted assault between spouses or
   15  former spouses, or between parent and child or between  members  of  the
   16  same  family  or  household  except  that if the respondent would not be
   17  criminally responsible by reason of age pursuant to section 30.00 of the
   18  penal law, then the family court shall have exclusive jurisdiction  over
   19  such  proceeding.  FAMILY  OFFENSES  ALLEGED TO HAVE BEEN COMMITTED BY A
   20  CHILD UNDER THE AGE OF EIGHTEEN AGAINST A PARENT OR  GUARDIAN  SHALL  BE
   21  ADDRESSED IN ACCORDANCE WITH ARTICLE SEVEN, RATHER THAN THIS ARTICLE, OF
   22  THIS  ACT. Notwithstanding a complainant's election to proceed in family
   23  court, the criminal court shall not be divested of jurisdiction to  hear
   24  a  family  offense  proceeding pursuant to this section. For purposes of
   25  this article, "disorderly conduct" includes disorderly conduct not in  a
   26  public  place. For purposes of this article, "members of the same family
   27  or household" shall mean the following:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10369-05-0
       S. 6981                             2
    1    S 2. The opening paragraph of subdivision 1 of section 530.11  of  the
    2  criminal  procedure  law, as amended by chapter 476 of the laws of 2009,
    3  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,  harassment  in the first degree, harassment in the
    7  second degree,  aggravated  harassment  in  the  second  degree,  sexual
    8  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    9  abuse in the second degree as set forth in subdivision  one  of  section
   10  130.60  of  the penal law, stalking in the first degree, stalking in the
   11  second degree, stalking in the third  degree,  stalking  in  the  fourth
   12  degree,  criminal  mischief,  menacing in the second degree, menacing in
   13  the third degree, reckless endangerment, assault in the  second  degree,
   14  assault  in  the third degree or an attempted assault between spouses or
   15  former spouses, or between parent and child or between  members  of  the
   16  same  family  or  household  except  that if the respondent would not be
   17  criminally responsible by reason of age pursuant to section 30.00 of the
   18  penal law, then the family court shall have exclusive jurisdiction  over
   19  such  proceeding.    FAMILY OFFENSES ALLEGED TO HAVE BEEN COMMITTED BY A
   20  CHILD UNDER THE AGE OF EIGHTEEN AGAINST A PARENT OR  GUARDIAN  SHALL  BE
   21  ADDRESSED  IN  ACCORDANCE  WITH  ARTICLE  SEVEN OF THE FAMILY COURT ACT.
   22  Notwithstanding a complainant's election to proceed in family court, the
   23  criminal court shall not be divested of jurisdiction to  hear  a  family
   24  offense  proceeding  pursuant  to  this  section.  For  purposes of this
   25  section, "disorderly conduct"  includes  disorderly  conduct  not  in  a
   26  public place.  For purposes of this section, "members of the same family
   27  or  household" with respect to a proceeding in the criminal courts shall
   28  mean the following:
   29    S 3. This act shall take effect on the ninetieth day  after  it  shall
   30  have  become  a  law and shall apply to petitions filed on or after such
   31  effective date.