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S4302Senate2011-2012 SessionSame asA7632

Relates to allegations in family offense petitions

Sponsor Diane J. SavinoSD-23+1 co-sponsorAffects Legal
Status
Senate Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via A7632

What's happening

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

Chair, Children And Families

1 Co-sponsor

History

  1. Substituted by A7632
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.914
  5. Print number 4302a
  6. Amend (t) and recommit to judiciary
  7. 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.

A7632Assembly

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

Signed into law

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.