STATE OF NEW YORK ________________________________________________________________________ 10240 IN ASSEMBLY April 8, 2020 ___________ Introduced by M. of A. SIMOTAS -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the family court act, in relation to concurrent juris- diction 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, unlawful surveillance in the first degree, unlawful surveillance 8 in the second degree, dissemination of unlawful surveillance in the 9 first degree, dissemination of unlawful surveillance in the second 10 degree, criminal impersonation in the second degree, harassment in the 11 first degree, harassment in the second degree, aggravated harassment in 12 the second degree, sexual misconduct, forcible touching, sexual abuse in 13 the third degree, sexual abuse in the second degree as set forth in 14 subdivision one of section 130.60 of the penal law, stalking in the 15 first degree, stalking in the second degree, stalking in the third 16 degree, stalking in the fourth degree, [~~criminal~~] coercion in the second 17 degree or coercion in the third degree as set forth in subdivisions one, 18 two, three, four, five, and nine of section 135.60 of the penal law, 19 except that if the respondent would not be criminally responsible by 20 reason of age pursuant to section 30.00 of the penal law, then the fami- 21 ly court shall have exclusive jurisdiction over such proceeding. 22 The family court and the criminal courts shall have concurrent juris- 23 diction over any proceeding concerning acts which would constitute crim- 24 inal mischief, menacing in the second degree, menacing in the third 25 degree, reckless endangerment, criminal obstruction of breathing or 26 blood circulation, strangulation in the second degree, strangulation in 27 the first degree, assault in the second degree, assault in the third 28 degree, an attempted assault, identity theft in the first degree, iden- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15117-02-0

A. 10240 2 1 tity theft in the second degree, identity theft in the third degree, 2 grand larceny in the fourth degree, or grand larceny in the third 3 degree, [~~coercion in the second degree or coercion in the third degree~~ 4 ~~as set forth in subdivisions one, two and three of section 135.60 of the~~ 5 ~~penal law~~] between spouses or former spouses, or between parent and 6 child or between members of the same family or household except that if 7 the respondent would not be criminally responsible by reason of age 8 pursuant to section 30.00 of the penal law, then the family court shall 9 have exclusive jurisdiction over such proceeding. Notwithstanding a 10 complainant's election to proceed in family court, the criminal court 11 shall not be divested of jurisdiction to hear a family offense proceed- 12 ing pursuant to this section. In any proceeding pursuant to this arti- 13 cle, a court shall not deny an order of protection, or dismiss a peti- 14 tion, solely on the basis that the acts or events alleged are not 15 relatively contemporaneous with the date of the petition, the conclusion 16 of the fact-finding or the conclusion of the dispositional hearing. For 17 purposes of this article, "disorderly conduct" includes disorderly 18 conduct not in a public place. For purposes of this article, "members of 19 the same family or household" shall mean the following: 20 § 2. This act shall take effect immediately.

Relates to concurrent jurisdiction

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