What's happening
This bill expands the definition of disorderly conduct in family and criminal courts to cover private conduct and lower intent standards in certain cases.
Why it matters
Makes private (non-public) conduct eligible as "disorderly conduct". in family and criminal court cases, allowing incidents in homes or private settings to be prosecuted or used in obtaining orders of protection—not just conduct in public spaces.
Lowers the proof needed for intent. Instead of having to show intent to cause public inconvenience, annoyance, or alarm, it is now enough to show intent to cause annoyance or alarm to a specific person, or to recklessly create a risk of such annoyance or alarm.
Broadens the scope for orders of protection and prosecution. People seeking legal protection from family members or household members can now rely on a wider range of behaviors, making it easier to obtain restraining orders or pursue charges in cases of domestic conflict.
May increase the number and kinds of cases courts can hear. regarding family offenses, potentially changing the balance of power in family disputes and affecting how domestic incidents are handled by law enforcement and the courts.
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Headline styles
Expand Disorderly Conduct Definition
Plain English, a few words. Used as the page title.
Sponsors
History
- Print number 6786a
- Amend (t) and recommit to children and families
- Referred to children and families
- Referred to rules
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 Assembly Committee · Judiciary · Sponsor Phil Steck
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6786--A
2019-2020 Regular Sessions
IN SENATE
October 21, 2019
Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- recommitted to the Committee on Children and Families in accordance with Senate Rule
6, sec. 8 -- 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.
LBD13934-02-0
S. 6786--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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act and the criminal procedure law, in relation to disorderly conduct
Purpose
The purpose of this bill is to extend the protection of New York's domestic violence statutes to all victims by eliminating the requirement that such violence be perpetrated with an intent to cause public annoy- ance.
Summary of provisions
The bill amends the opening paragraph of subdivision 1 of section 812 of the family court act, as separately amended by chapter 109 of the laws of 2019, to provide that, for purposes of this article, "disorderly conduct" does not require an intent to cause public inconvenience, annoyance or alarm but merely an intent to cause annoyance or alarm or recklessly creating a risk thereof.
**The amendments to this bill are technical.** JUSTIFICATION: The purpose of New York's Family Offense laws is to protect people from domestic violence. Unfortunately, a recent appellate decision (Cassie v. Cassie, 969 N.Y.S.2d 537(Second Dept., 2013)) requires such acts to occur with intent to cause public inconvenience, annoyance and alarm. This subverts the intent of the law to protect people who suffer from domestic violence which occurs commonly without any "public" intent. This bill corrects that mistake, and extends the protection of New York's domestic violence statutes to all victims of domestic violence, whether perpetrated in public, within the confines of the home, or anywhere.
The Cassie case has been cited 55 times in appellate decisions and four- teen times dealing with the need for public intent in family offense petitions. Most recently in 2018, the Second Department dismissed a disorderly conduct family offense case against a man who was physically violent toward a woman. The court ruled against the woman seeking an Order Protection because of no public intent in the act by the man. (Saquipay v. Puzhi, 160 A.D. 3d 879 (2nd Dept., 2018).
In New York State, over 310,000 Order of Protection were issued in 2016 and last year over 60,000 Family Offense petitions were filed in Family Court, according to the NYS Unified Court System Annual Report 2018.
Fiscal impact
None
Legislative history
New bill
Effective date
Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.