What's happening
This bill expands the definition of disorderly conduct in family and criminal court proceedings to include private settings and lowers the intent requirement for such charges.
Why it matters
Expanding “disorderly conduct” to private settings means behaviors that previously would not have qualified for family court or criminal intervention—because they occurred in a home or other non-public space—can now be prosecuted or used as a basis for protective orders. This significantly broadens the scope of what can be considered a “family offense,” potentially affecting many more domestic interactions.
Lowering the intent standard from requiring an intent to cause “public inconvenience, annoyance, or alarm” to simply “annoyance or alarm” makes it easier to bring disorderly conduct charges in family and criminal court. This change could increase the number of cases that can be prosecuted or lead to protective orders, as it removes the need to prove intent affecting the public.
By referencing specific subdivisions of the Penal Law, the bill clarifies exactly which types of disorderly conduct are now included in family and criminal court jurisdiction. This creates a more predictable and expansive legal framework for addressing behaviors within families or households, particularly in cases of alleged domestic conflict or abuse.
The changes could have both protective and punitive impacts. On one hand, it could provide better recourse for victims of abuse who experience harassment or threatening behavior in private; on the other, it could increase the risk of criminal or family court involvement in a wider range of domestic disputes, potentially leading to unintended consequences for family dynamics and the legal system.
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Expand Disorderly Conduct Definition
Plain English, a few words. Used as the page title.
Sponsors
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History
- Print number 8766a
- Amend (t) and recommit to judiciary
- Referred 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.
Expand Disorderly Conduct Definition
In Senate Committee · Children And Families · Sponsor Rachel May
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8766--A
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. STECK -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the family court act and the criminal procedure law, in relation to disorderly conduct
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subdivision 1 of section 812 of the family court act, as amended by chapter 109 of the laws of 2019, is amended to read as follows:
The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct as set forth in subdivisions one, three, four, five, six and seven of section 240.20 of the penal law, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, criminal obstruction of breathing or blood circulation, strangulation in the second degree, strangulation in the first degree, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13934-03-0
A. 8766--A 2
section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. In any proceeding pursuant to this article, a court shall not deny an order of protection, or dismiss a petition, solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the petition, the conclusion of the fact-finding or the conclusion of the dispositional hearing. For purposes of this article, "disorderly conduct" includes disorderly conduct not in a public place and does not require an intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, but merely an intent to cause annoyance or alarm, or recklessly creating a risk thereof. For purposes of this article, "members of the same family or household" shall mean the following:
§ 2. The opening paragraph of subdivision 1 of section 530.11 of the criminal procedure law, as amended by chapter 109 of the laws of 2019, is amended to read as follows:
The family court and the criminal courts shall have concurrent jurisdiction over any proceeding concerning acts which would constitute disorderly conduct as set forth in subdivisions one, three, four, five, six and seven of section 240.20 of the penal law, unlawful dissemination or publication of an intimate image, harassment in the first degree, harassment in the second degree, aggravated harassment in the second degree, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivision one of section 130.60 of the penal law, stalking in the first degree, stalking in the second degree, stalking in the third degree, stalking in the fourth degree, criminal mischief, menacing in the second degree, menacing in the third degree, reckless endangerment, strangulation in the first degree, strangulation in the second degree, criminal obstruction of breathing or blood circulation, assault in the second degree, assault in the third degree, an attempted assault, identity theft in the first degree, identity theft in the second degree, identity theft in the third degree, grand larceny in the fourth degree, grand larceny in the third degree, coercion in the second degree or coercion in the third degree as set forth in subdivisions one, two and three of section 135.60 of the penal law between spouses or former spouses, or between parent and child or between members of the same family or household except that if the respondent would not be criminally responsible by reason of age pursuant to section 30.00 of the penal law, then the family court shall have exclusive jurisdiction over such proceeding. Notwithstanding a complainant's election to proceed in family court, the criminal court shall not be divested of jurisdiction to hear a family offense proceeding pursuant to this section. For purposes of this section, "disorderly conduct" includes disorderly conduct not in a public place and does not require an intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, but merely an intent to cause annoyance or alarm, or recklessly creating a risk thereof. For purposes of this section, "members of the same family or household" with respect to a proceeding in the criminal courts shall mean the following:
§ 3. This act shall take effect immediately.
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