STATE OF NEW YORK ________________________________________________________________________ 6288 2023-2024 Regular Sessions IN SENATE April 11, 2023 ___________ Introduced by Sens. HINCHEY, ROLISON -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the family court act and the criminal procedure law, in relation to orders of protection The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Melanie's 2 law". 3 § 2. Subdivision 1 of section 812 of the family court act, as amended 4 by chapter 326 of the laws of 2008, the opening paragraph as amended by 5 chapter 109 of the laws of 2019, is amended to read as follows: 6 1. Jurisdiction. The family court and the criminal courts shall have 7 concurrent jurisdiction over any proceeding concerning acts which would 8 constitute disorderly conduct, unlawful dissemination or publication of 9 an intimate image, harassment in the first degree, harassment in the 10 second degree, aggravated harassment in the second degree, sexual 11 misconduct, forcible touching, sexual abuse in the third degree, sexual 12 abuse in the second degree as set forth in subdivision one of section 13 130.60 of the penal law, stalking in the first degree, stalking in the 14 second degree, stalking in the third degree, stalking in the fourth 15 degree, criminal mischief, menacing in the second degree, menacing in 16 the third degree, reckless endangerment, criminal obstruction of breath- 17 ing or blood circulation, strangulation in the second degree, strangula- 18 tion in the first degree, assault in the second degree, assault in the 19 third degree, an attempted assault, identity theft in the first degree, 20 identity theft in the second degree, identity theft in the third degree, 21 grand larceny in the fourth degree, grand larceny in the third degree, 22 coercion in the second degree or coercion in the third degree as set 23 forth in subdivisions one, two and three of section 135.60 of the penal 24 law between spouses or former spouses, or between parent and child or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04914-01-3

S. 6288 2 1 between members of the same family or household except that if the 2 respondent would not be criminally responsible by reason of age pursuant 3 to section 30.00 of the penal law, then the family court shall have 4 exclusive jurisdiction over such proceeding. Notwithstanding a 5 complainant's election to proceed in family court, the criminal court 6 shall not be divested of jurisdiction to hear a family offense proceed- 7 ing pursuant to this section. In any proceeding pursuant to this arti- 8 cle, a court shall not deny an order of protection, or dismiss a peti- 9 tion, solely on the basis that the acts or events alleged are not 10 relatively contemporaneous with the date of the petition, the conclusion 11 of the fact-finding or the conclusion of the dispositional hearing. For 12 purposes of this article, "disorderly conduct" includes disorderly 13 conduct not in a public place. For purposes of this article, "members of 14 the same family or household" shall mean the following: 15 (a) persons related by consanguinity or affinity; 16 (b) persons legally married to one another; 17 (c) persons formerly married to one another regardless of whether they 18 still reside in the same household; 19 (d) persons who have a child in common regardless of whether such 20 persons have been married or have lived together at any time; [~~and~~] 21 (e) persons who are not related by consanguinity or affinity and who 22 are or have been in an intimate relationship regardless of whether such 23 persons have lived together at any time. Factors the court may consider 24 in determining whether a relationship is an "intimate relationship" 25 include but are not limited to: the nature or type of relationship, 26 regardless of whether the relationship is sexual in nature; the frequen- 27 cy of interaction between the persons; and the duration of the relation- 28 ship. Neither a casual acquaintance nor ordinary fraternization between 29 two individuals in business or social contexts shall be deemed to 30 constitute an "intimate relationship"; and 31 (f) persons who are related by consanguinity or affinity to parties 32 who are or have been in an intimate relationship as defined in paragraph 33 (e) of this subdivision. 34 § 3. Subdivision 1 of section 530.11 of the criminal procedure law, as 35 amended by chapter 326 of the laws of 2008, the opening paragraph as 36 amended by chapter 109 of the laws of 2019, is amended to read as 37 follows: 38 1. Jurisdiction. The family court and the criminal courts shall have 39 concurrent jurisdiction over any proceeding concerning acts which would 40 constitute disorderly conduct, unlawful dissemination or publication of 41 an intimate image, harassment in the first degree, harassment in the 42 second degree, aggravated harassment in the second degree, sexual 43 misconduct, forcible touching, sexual abuse in the third degree, sexual 44 abuse in the second degree as set forth in subdivision one of section 45 130.60 of the penal law, stalking in the first degree, stalking in the 46 second degree, stalking in the third degree, stalking in the fourth 47 degree, criminal mischief, menacing in the second degree, menacing in 48 the third degree, reckless endangerment, strangulation in the first 49 degree, strangulation in the second degree, criminal obstruction of 50 breathing or blood circulation, assault in the second degree, assault in 51 the third degree, an attempted assault, identity theft in the first 52 degree, identity theft in the second degree, identity theft in the third 53 degree, grand larceny in the fourth degree, grand larceny in the third 54 degree, coercion in the second degree or coercion in the third degree as 55 set forth in subdivisions one, two and three of section 135.60 of the 56 penal law between spouses or former spouses, or between parent and child

S. 6288 3 1 or between members of the same family or household except that if the 2 respondent would not be criminally responsible by reason of age pursuant 3 to section 30.00 of the penal law, then the family court shall have 4 exclusive jurisdiction over such proceeding. Notwithstanding a 5 complainant's election to proceed in family court, the criminal court 6 shall not be divested of jurisdiction to hear a family offense proceed- 7 ing pursuant to this section. For purposes of this section, "disorderly 8 conduct" includes disorderly conduct not in a public place. For 9 purposes of this section, "members of the same family or household" with 10 respect to a proceeding in the criminal courts shall mean the following: 11 (a) persons related by consanguinity or affinity; 12 (b) persons legally married to one another; 13 (c) persons formerly married to one another regardless of whether they 14 still reside in the same household; 15 (d) persons who have a child in common, regardless of whether such 16 persons have been married or have lived together at any time; [~~and~~] 17 (e) persons who are not related by consanguinity or affinity and who 18 are or have been in an intimate relationship regardless of whether such 19 persons have lived together at any time. Factors the court may consider 20 in determining whether a relationship is an "intimate relationship" 21 include but are not limited to: the nature or type of relationship, 22 regardless of whether the relationship is sexual in nature; the frequen- 23 cy of interaction between the persons; and the duration of the relation- 24 ship. Neither a casual acquaintance nor ordinary fraternization between 25 two individuals in business or social contexts shall be deemed to 26 constitute an "intimate relationship"; and 27 (f) persons who are related by consanguinity or affinity to parties 28 who are or have been in an intimate relationship as defined in paragraph 29 (e) of this subdivision. 30 § 4. This act shall take effect immediately.

Enacts "Melanie's law"

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