Bill Text: NY S07351 | 2023-2024 | General Assembly | Introduced


Bill Title: Includes rape in the third degree, rape in the second degree and rape in the first degree as family offenses.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S07351 Detail]

Download: New_York-2023-S07351-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7351

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 19, 2023
                                       ___________

        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Children and Families

        AN ACT to amend the criminal procedure law, the family court act and the
          penal law, in relation to including rape in the third degree, rape  in
          the second degree and rape in the first degree as family offenses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 530.11 of the  criminal  procedure
     2  law,  as  amended  by  chapter  326 of the laws of 2008, and the opening
     3  paragraph as amended by chapter 109 of the laws of 2019, is  amended  to
     4  read as follows:
     5    1.  Jurisdiction.  The family court and the criminal courts shall have
     6  concurrent jurisdiction over any proceeding concerning acts which  would
     7  constitute  disorderly conduct, unlawful dissemination or publication of
     8  an intimate image, harassment in the first  degree,  harassment  in  the
     9  second  degree,  aggravated  harassment  in  the  second  degree, sexual
    10  misconduct, forcible touching, sexual abuse in the third degree,  sexual
    11  abuse  in  the  second degree as set forth in subdivision one of section
    12  130.60 of the penal law, stalking in the first degree, stalking  in  the
    13  second  degree,  stalking  in  the  third degree, stalking in the fourth
    14  degree, criminal mischief, menacing in the second  degree,  menacing  in
    15  the  third  degree,  reckless  endangerment,  strangulation in the first
    16  degree, strangulation in the  second  degree,  criminal  obstruction  of
    17  breathing or blood circulation, assault in the second degree, assault in
    18  the  third  degree,  an  attempted  assault, identity theft in the first
    19  degree, identity theft in the second degree, identity theft in the third
    20  degree, grand larceny in the fourth degree, grand larceny in  the  third
    21  degree, coercion in the second degree or coercion in the third degree as
    22  set  forth  in  subdivisions one, two and three of section 135.60 of the
    23  penal law, rape in the third degree as set forth in  section  130.25  of
    24  the  penal law, rape in the second degree as set forth in section 130.30

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08109-01-3

        S. 7351                             2

     1  of the penal law, rape in the first  degree  as  set  forth  in  section
     2  130.35  of  the  penal law between spouses or former spouses, or between
     3  parent and child or between members of  the  same  family  or  household
     4  except  that  if  the  respondent would not be criminally responsible by
     5  reason of age pursuant to section 30.00 of the penal law, then the fami-
     6  ly  court  shall  have  exclusive  jurisdiction  over  such  proceeding.
     7  Notwithstanding a complainant's election to proceed in family court, the
     8  criminal  court  shall  not be divested of jurisdiction to hear a family
     9  offense proceeding pursuant  to  this  section.  For  purposes  of  this
    10  section,  "disorderly  conduct"  includes  disorderly  conduct  not in a
    11  public place.  For purposes of this section, "members of the same family
    12  or household" with respect to a proceeding in the criminal courts  shall
    13  mean the following:
    14    (a) persons related by consanguinity or affinity;
    15    (b) persons legally married to one another;
    16    (c) persons formerly married to one another regardless of whether they
    17  still reside in the same household;
    18    (d)  persons  who  have  a child in common, regardless of whether such
    19  persons have been married or have lived together at any time; and
    20    (e) persons who are not related by consanguinity or affinity  and  who
    21  are  or have been in an intimate relationship regardless of whether such
    22  persons have lived together at any time. Factors the court may  consider
    23  in  determining  whether  a  relationship  is an "intimate relationship"
    24  include but are not limited to: the  nature  or  type  of  relationship,
    25  regardless of whether the relationship is sexual in nature; the frequen-
    26  cy of interaction between the persons; and the duration of the relation-
    27  ship.  Neither a casual acquaintance nor ordinary fraternization between
    28  two individuals in business  or  social  contexts  shall  be  deemed  to
    29  constitute an "intimate relationship".
    30    §  2. Subdivision 1 of section 812 of the family court act, as amended
    31  by chapter 326 of the laws of 2008, and the opening paragraph as amended
    32  by chapter 109 of the laws of 2019, is amended to read as follows:
    33    1. Jurisdiction.  The family court and the criminal courts shall  have
    34  concurrent  jurisdiction over any proceeding concerning acts which would
    35  constitute disorderly conduct, unlawful dissemination or publication  of
    36  an  intimate  image,  harassment  in the first degree, harassment in the
    37  second degree,  aggravated  harassment  in  the  second  degree,  sexual
    38  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    39  abuse in the second degree as set forth in subdivision  one  of  section
    40  130.60  of  the penal law, stalking in the first degree, stalking in the
    41  second degree, stalking in the third  degree,  stalking  in  the  fourth
    42  degree,  criminal  mischief,  menacing in the second degree, menacing in
    43  the third degree, reckless endangerment, criminal obstruction of breath-
    44  ing or blood circulation, strangulation in the second degree, strangula-
    45  tion in the first degree, assault in the second degree, assault  in  the
    46  third  degree, an attempted assault, identity theft in the first degree,
    47  identity theft in the second degree, identity theft in the third degree,
    48  grand larceny in the fourth degree, grand larceny in the  third  degree,
    49  coercion  in  the  second  degree or coercion in the third degree as set
    50  forth in subdivisions one, two and three of section 135.60 of the  penal
    51  law,  rape  in  the  third  degree as set forth in section 130.25 of the
    52  penal law, rape in the second degree as set forth in section  130.30  of
    53  the  penal  law, rape in the first degree as set forth in section 130.35
    54  of the penal law between spouses or former spouses,  or  between  parent
    55  and child or between members of the same family or household except that
    56  if  the  respondent would not be criminally responsible by reason of age

        S. 7351                             3

     1  pursuant to section 30.00 of the penal law, then the family court  shall
     2  have  exclusive  jurisdiction  over  such  proceeding. Notwithstanding a
     3  complainant's election to proceed in family court,  the  criminal  court
     4  shall  not be divested of jurisdiction to hear a family offense proceed-
     5  ing pursuant to this section. In any proceeding pursuant to  this  arti-
     6  cle,  a  court shall not deny an order of protection, or dismiss a peti-
     7  tion, solely on the basis that  the  acts  or  events  alleged  are  not
     8  relatively contemporaneous with the date of the petition, the conclusion
     9  of  the fact-finding or the conclusion of the dispositional hearing. For
    10  purposes of  this  article,  "disorderly  conduct"  includes  disorderly
    11  conduct not in a public place. For purposes of this article, "members of
    12  the same family or household" shall mean the following:
    13    (a) persons related by consanguinity or affinity;
    14    (b) persons legally married to one another;
    15    (c) persons formerly married to one another regardless of whether they
    16  still reside in the same household;
    17    (d)  persons  who  have  a  child in common regardless of whether such
    18  persons have been married or have lived together at any time; and
    19    (e) persons who are not related by consanguinity or affinity  and  who
    20  are  or have been in an intimate relationship regardless of whether such
    21  persons have lived together at any time. Factors the court may  consider
    22  in  determining  whether  a  relationship  is an "intimate relationship"
    23  include but are not limited to: the  nature  or  type  of  relationship,
    24  regardless of whether the relationship is sexual in nature; the frequen-
    25  cy of interaction between the persons; and the duration of the relation-
    26  ship.  Neither a casual acquaintance nor ordinary fraternization between
    27  two individuals in business  or  social  contexts  shall  be  deemed  to
    28  constitute an "intimate relationship".
    29    §  3.  Subdivision 2 of section 240.75 of the penal law, as amended by
    30  section 8 of part NN of chapter 55 of the laws of 2018,  is  amended  to
    31  read as follows:
    32    2.  A  "specified  offense"  is  an  offense defined in section 120.00
    33  (assault in the third degree); section 120.05  (assault  in  the  second
    34  degree);  section  120.10  (assault in the first degree); section 120.13
    35  (menacing in the first degree); section 120.14 (menacing in  the  second
    36  degree);  section  120.15 (menacing in the third degree); section 120.20
    37  (reckless endangerment in the second degree); section  120.25  (reckless
    38  endangerment  in  the  first  degree);  section  120.45 (stalking in the
    39  fourth degree); section 120.50 (stalking in the third  degree);  section
    40  120.55  (stalking in the second degree); section 120.60 (stalking in the
    41  first degree); section 121.11  (criminal  obstruction  of  breathing  or
    42  blood circulation); section 121.12 (strangulation in the second degree);
    43  section  121.13  (strangulation in the first degree); subdivision one of
    44  section 125.15 (manslaughter in the second degree); subdivision one, two
    45  or four of section 125.20 (manslaughter in the  first  degree);  section
    46  125.25  (murder  in  the  second degree); section 130.20 (sexual miscon-
    47  duct); section 130.25 (rape in the third degree); section  130.30  (rape
    48  in  the  second  degree);  section  130.35  (rape  in the first degree);
    49  section 130.40 (criminal sexual act in the third degree); section 130.45
    50  (criminal sexual act in the second  degree);  section  130.50  (criminal
    51  sexual  act  in  the  first degree); section 130.52 (forcible touching);
    52  section 130.53 (persistent sexual abuse); section 130.55  (sexual  abuse
    53  in  the  third  degree);  section  130.60  (sexual  abuse  in the second
    54  degree); section 130.65 (sexual abuse  in  the  first  degree);  section
    55  130.66  (aggravated  sexual  abuse  in the third degree); section 130.67
    56  (aggravated sexual abuse in the second degree); section  130.70  (aggra-

        S. 7351                             4

     1  vated  sexual abuse in the first degree); section 130.91 (sexually moti-
     2  vated felony); section 130.95 (predatory sexual assault); section 130.96
     3  (predatory sexual assault against a  child);  section  135.05  (unlawful
     4  imprisonment  in  the second degree); section 135.10 (unlawful imprison-
     5  ment in the  first  degree);  section  135.60  (coercion  in  the  third
     6  degree);  section 135.61 (coercion in the second degree); section 135.65
     7  (coercion in the first degree); section 140.20 (burglary  in  the  third
     8  degree);  section 140.25 (burglary in the second degree); section 140.30
     9  (burglary in the first degree); section 145.00 (criminal mischief in the
    10  fourth degree); section 145.05 (criminal mischief in the third  degree);
    11  section  145.10 (criminal mischief in the second degree); section 145.12
    12  (criminal mischief  in  the  first  degree);  section  145.14  (criminal
    13  tampering in the third degree); section 215.50 (criminal contempt in the
    14  second  degree); section 215.51 (criminal contempt in the first degree);
    15  section 215.52 (aggravated criminal contempt); section  240.25  (harass-
    16  ment  in  the  first  degree);  subdivision  one, two or four of section
    17  240.30 (aggravated harassment in the second degree);  aggravated  family
    18  offense  as  defined  in  this  section  or any attempt or conspiracy to
    19  commit any of the foregoing offenses where the defendant and the  person
    20  against  whom  the offense was committed were members of the same family
    21  or household as defined in subdivision one  of  section  530.11  of  the
    22  criminal procedure law.
    23    § 4. This act shall take effect immediately.
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