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Who cares
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Sponsors
1 Co-sponsor
History
- Substituted by A7632
- Advanced to third reading
- 2nd report cal.
- 1st report cal.914
- Print number 4302a
- Amend (t) and recommit to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Adds criminal obstruction of breathing or blood circulation and strangulation to the list of actionable allegations in family offense petitions
Signed by Governor · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4302A
Title of bill
An act to amend the family court act, in relation to allegations in family offense petitions
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.
This measure would conform Family Court Act §821 to a recent amendment to Family Court Act §812. Chapter 405 of the Laws of 2010 added strangulation and criminal obstruction of breathing and blood circulation to the list of family offenses for which family and criminal courts exercise concurrent jurisdiction, but failed to add these new crimes to the family offenses that may be alleged in a petition brought under Article 8 of the Family Court Act. Several cases have resulted in summary dismissals of family offense petitions that failed to allege family offenses enumerated in Family Court Act
§821, underscoring the importance of enumerating all offenses listed in Family Court Act §812 in Family Court Act §821 as well. See, e.g., Brennan v. Anesi, 283 A.D.2d 693 (3d Dept. 2001); Jones v. Roper, 187 A.D.2d 593 (2d Dept. 1992); Matter of Paulette PG v. Evan eG, 26 Misc.3d 323 (Fam. Ct., Bronx Co., 2009). This measure, therefore, would add strangulation and criminal obstruction of breathing and blood circulation to the possible allegations set forth in Family Court Act §821.
This measure would have no fiscal impact upon the State, and would take effect immediately.
Legislative history
None. New proposal.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.