NY State Senate Bill 2013-S4155A

Senate Bill S4155A

2013-2014 Legislative Session

Establishes domestic abuse offenses, provides for special information for certain felony domestic abuse offenses and designates such offenses as family offenses

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2014	print number 4155a
Feb 10, 2014	amend and recommit to codes
Jan 08, 2014	referred to codes
Mar 12, 2013	referred to codes

Bill Amendments

Original

A (Active)

2013-S4155 - Details

See Assembly Version of this Bill:: A3340
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§120.75, 120.80 & 120.85, Pen L; add §200.64, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3666, A5890
2015-2016: S3478
2017-2018: S4810
2019-2020: S3857
2021-2022: S6176
2023-2024: S5040

2013-S4155 - Summary

Establishes domestic abuse offenses for assaults upon spouses, former spouses, fellow parents of a child in common and domestic partners; provides for issuance of a special information for domestic abuse in the first degree requiring a predicate criminal conviction; designates such domestic abuse offenses as family offenses for purposes of the criminal procedure law and the family court act.

2013-S4155 - Sponsor Memo

                                BILL NUMBER:S4155

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing domestic abuse offenses; to amend the criminal procedure
law, in relation to providing for a special information in the
indictment of certain felony domestic abuse offenses and procedures
for determining whether domestic abuse misdemeanors are crimes of
domestic violence for purposes of federal law; and to amend the
criminal procedure law and the family court act, in relation to
including domestic abuse in the first and second degrees as family
offenses

PURPOSE OR GENERAL IDEA OF BILL: Establishes domestic abuse offenses,
provides for special information for certain felony domestic abuse
offense and designates such offenses as family offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the penal law by adding three new sections: 120.75,
120.80, and 120.85.

Section two amends the criminal procedure law by adding a new section
200.64.

Section three amends subdivision one of section 370.15 of the criminal
procedure law as added by chapter 2598 of the laws of 2011.

Section four amends section 380.97 of the criminal procedure law as
added by chapter 258 of the laws of 2011.

Section five amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law as amended by chapter 405 of the
laws of 2010.

Section six amends the opening paragraph of subdivision 1 of section
812 of the family court act as separately amended by chapters 341 and
405 of the laws of 2010.

Section seven is the effective date.

JUSTIFICATION: Presently, conduct that qualifies only as harassment
committed against a spouse or intimate partner but that results in
physical injury is punishable as a mere violation. The creation of the
crime of domestic abuse in the second degree increases the scope of
punishment of those who cause physical injury to a spouse or intimate
partner, thereby providing a greater deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a spouse or intimate partner that results in physical
injury. Such conduct time and again leads to more and more serious
assaults, serious physical injury and perhaps death. The creation of
the felony of domestic abuse in the first degree increases the scope
of punishment and provides a greater deterrent for those who commit
serious domestic abuse or who are repeat offenders.


In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the crime of
domestic abuse for offenses in which physical injury is caused in the
context of a domestic relationship, New York will join the many other
states that are able to track domestic violence, in order to address
one of the most underreported crimes in New York State. That change
will also enable enforcement of federal laws prohibiting sale of
firearms to those who have been convicted of a misdemeanor crime of
domestic violence.

PRIOR LEGISLATIVE HISTORY: 2012: A.5890-C/S.3666-C - Died in Codes,
both Houses.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

2013-S4155 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4155

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law,  in  relation  to  establishing  domestic
  abuse  offenses;  to  amend the criminal procedure law, in relation to
  providing for a special information in the indictment of certain felo-
  ny domestic abuse offenses  and  procedures  for  determining  whether
  domestic  abuse  misdemeanors  are  crimes  of  domestic  violence for
  purposes of federal law; and to amend the criminal procedure  law  and
  the  family  court act, in relation to including domestic abuse in the
  first and second degrees as family offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  penal  law  is  amended by adding three new sections
120.75, 120.80 and 120.85 to read as follows:
S 120.75 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR  HAS  LIVED
TOGETHER  WITH  ANOTHER  PERSON  FOR AN EXTENDED DURATION IN AN INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2. "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS  A
CHILD  IN  COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER SUCH PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3. "FORMER SPOUSE" SHALL MEAN A PERSON  FORMERLY  MARRIED  TO  ANOTHER
PERSON  REGARDLESS  OF  WHETHER  SUCH  PERSONS  STILL RESIDE IN THE SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
S 120.80 DOMESTIC ABUSE IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE  WHEN,  WITH
INTENT  TO  HARASS,  ANNOY  OR  ALARM  HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR SHE CAUSES

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00816-01-3

S. 4155                             2

PHYSICAL INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD
IN COMMON OR DOMESTIC PARTNER.
  DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
  1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO HIS OR HER SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC  PARTNER,  HE  OR
SHE CAUSES SUCH INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A
CHILD IN COMMON OR DOMESTIC PARTNER, OR TO A THIRD PERSON; OR
  2.  HE  OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO HIS OR HER SPOUSE,
FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR  DOMESTIC  PARTNER;
OR
  3.  WITH  CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO HIS
OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS A CRIME AGAINST HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW  PARENT  OF  A CHILD IN COMMON OR DOMESTIC PARTNER, AND HE OR SHE
HAS PREVIOUSLY BEEN CONVICTED OF A CRIME  AGAINST  HIS  OR  HER  SPOUSE,
FORMER  SPOUSE,  FELLOW  PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER
WITHIN THE PRECEDING FIVE YEARS. THE PERSON AGAINST  WHOM  A  CRIME  HAS
BEEN COMMITTED FOR PURPOSES OF CULPABILITY UNDER THIS SUBDIVISION MAY BE
A  DIFFERENT  PERSON THAN WHOM THE PREDICATE CRIME WAS COMMITTED AGAINST
DURING THE PRECEDING FIVE YEARS. FOR PURPOSES OF THIS  SUBDIVISION,  ANY
PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE COMMISSION OF ANY PREVIOUS CRIMES AND THE  COMMISSION
OF THE CRIME IN VIOLATION OF THIS SUBDIVISION SHALL BE EXCLUDED AND SUCH
FIVE  YEAR  PERIOD  SHALL  BE  EXTENDED  BY THE PERIOD OR PERIOD OF TIME
DURING WHICH THE DEFENDANT WAS INCARCERATED.
  DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. The criminal procedure law is amended by  adding  a  new  section
200.64 to read as follows:
S 200.64 INDICTMENT; SPECIAL INFORMATION FOR DOMESTIC ABUSE OFFENDER.
  1.  WHENEVER  A  PERSON  IS  CHARGED  WITH THE COMMISSION OR ATTEMPTED
COMMISSION OF DOMESTIC ABUSE IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
SION  FOUR OF SECTION 120.85 OF THE PENAL LAW, AN INDICTMENT OR INFORMA-
TION FOR SUCH OFFENSE SHALL BE ACCOMPANIED  BY  A  SPECIAL  INFORMATION,
FILED BY THE DISTRICT ATTORNEY WITH THE COURT, ALLEGING THAT THE DEFEND-
ANT  WAS PREVIOUSLY CONVICTED OF A CRIME, THAT AT THE TIME OF THE PREVI-
OUS CRIME OR AT AN EARLIER TIME THE DEFENDANT  WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN COMMON OR DOMESTIC PARTNER, AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
AND  THAT  SUCH  PREVIOUS  CONVICTION  TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION FOUR  OF  SECTION  120.85  OF  THE  PENAL  LAW.
EXCEPT  AS  PROVIDED  IN  THIS SECTION, THE PEOPLE MAY NOT REFER TO SUCH
SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING  THE
ALLEGATIONS THEREIN.
  2.  AT  ANY  TIME BEFORE THE CLOSE OF THE PEOPLE'S CASE, THE COURT, IN
THE ABSENCE OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON  SUCH  INFORMA-
TION  AND  ADVISE  HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGA-
TION, DENY ANY SUCH ALLEGATION OR REMAIN MUTE WITH RESPECT TO  ANY  SUCH
ALLEGATION.  DEPENDING  UPON  THE DEFENDANT'S RESPONSE, THE TRIAL OF THE
INDICTMENT OR INFORMATION MUST THEN PROCEED AS FOLLOWS:
  (A) (I) IF THE PREVIOUS CONVICTION IS OF DOMESTIC ABUSE IN THE  SECOND
DEGREE  AS DEFINED BY SECTION 120.80 OF THE PENAL LAW, AND THE DEFENDANT
ADMITS THE PREVIOUS CONVICTION OR THAT IT TOOK  PLACE  WITHIN  THE  TIME
PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85 OF THE PENAL LAW,

S. 4155                             3

THE  ADMITTED  ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED FOR
ALL SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION  70.00
OF  THE  PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS IF THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT  MAY  NOT  SUBMIT TO THE JURY ANY LESSER INCLUDED OFFENSE WHICH IS
DISTINGUISHED FROM THE OFFENSE CHARGED  SOLELY  BY  THE  FACT  THAT  THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE THAT  ELEMENT  OF  THE  OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF  SECTION  120.85
OF  THE  PENAL  LAW,  OR  REMAINS  MUTE WITH RESPECT TO THAT MATTER, THE
PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART  OF
THEIR  CASE,  THAT  THE  PREVIOUS  CONVICTION TOOK PLACE WITHIN THE TIME
PERIOD SPECIFIED.
  (B) (I) IF THE PREVIOUS CONVICTION IS FOR A CRIME OTHER THAN  DOMESTIC
ABUSE  IN  THE  SECOND  DEGREE AS DEFINED BY SECTION 120.80 OF THE PENAL
LAW, AND THE DEFENDANT ADMITS THE  PREVIOUS  CONVICTION,  THAT  IT  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85 OF THE PENAL LAW, OR THAT THE DEFENDANT WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN  COMMON OR DOMESTIC PARTNER AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
THE  ADMITTED  ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED FOR
ALL SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION  70.00
OF  THE  PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS IF THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT MAY NOT SUBMIT TO THE JURY ANY LESSER INCLUDED  OFFENSE  WHICH  IS
DISTINGUISHED  FROM  THE  OFFENSE  CHARGED  SOLELY  BY THE FACT THAT THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR  REMAINS  MUTE
WITH  RESPECT  TO  IT,  THE PEOPLE MAY PROVE THAT ELEMENT OF THE OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK  PLACE
WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85
OF THE PENAL LAW, OR REMAINS MUTE  WITH  RESPECT  TO  THAT  MATTER,  THE
PEOPLE  MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF
THEIR CASE, THAT THE PREVIOUS CONVICTION  TOOK  PLACE  WITHIN  THE  TIME
PERIOD SPECIFIED.
  (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT WAS THE SPOUSE, FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN  COMMON OR DOMESTIC PARTNER AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  PREVI-
OUS  CRIME,  OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE PEOPLE MAY
PROVE THAT ELEMENT OF THE OFFENSE BEFORE THE JURY AS  A  PART  OF  THEIR
CASE.
  3.  NOTWITHSTANDING SUBDIVISION ONE, AND SUBPARAGRAPH (I) OF PARAGRAPH
(A) AND SUBPARAGRAPH (I) OF PARAGRAPH (B) OF  SUBDIVISION  TWO  OF  THIS
SECTION, IF EVIDENCE REGARDING THE PRIOR CONVICTION, OR THAT THE DEFEND-
ANT WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC  PARTNER  AS  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE
VICTIM OF SUCH PREVIOUS CRIME, IS RELEVANT TO HELP PROVE  THE  CRIME  OR
CRIMES  CHARGED IN THE INDICTMENT OR INFORMATION, SUCH EVIDENCE SHALL BE
ADMISSIBLE.
  4. A DETERMINATION PURSUANT TO THIS SECTION THAT THE DEFENDANT  HAS  A
PREVIOUS CONVICTION, THAT AT THE TIME OF THE PRIOR OFFENSE THE DEFENDANT
WAS  THE  SPOUSE,  FORMER  SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR

S. 4155                             4

DOMESTIC PARTNER AS DEFINED IN SECTION 120.75 OF THE PENAL  LAW  OF  THE
VICTIM  OF  SUCH  PREVIOUS  CRIME,  OR THAT THE PREVIOUS CONVICTION TOOK
PLACE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION  FOUR  OF  SECTION
120.85  OF  THE  PENAL LAW, SHALL BE BINDING IN ANY FUTURE PROCEEDING IN
WHICH THE ISSUE MAY ARISE UNLESS THE CONVICTION FOR THE  DOMESTIC  ABUSE
OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
  S 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
added by chapter 258 of the laws of 2011, is amended to read as follows:
  1. When a defendant has been charged with assault or attempted assault
in  the  third  degree  as  defined in sections 120.00 and 110.00 of the
penal law, menacing or  attempted  menacing  in  the  second  degree  as
defined  in  sections 120.14 and 110.00 of the penal law, DOMESTIC ABUSE
OR ATTEMPTED DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN  SECTIONS
120.80 AND 110.00 OF THE PENAL LAW, criminal obstruction of breathing or
blood  circulation  or  attempted  criminal  obstruction of breathing or
blood circulation as defined in sections 121.11 and 110.00 of the  penal
law,  or  forcible touching or attempted forcible touching as defined in
sections 130.52 and 110.00 of the penal law, the people may, at arraign-
ment or no later than forty-five days after arraignment, for the purpose
of notification to the division of criminal justice services pursuant to
section 380.97 of this part, serve on the defendant and  file  with  the
court a notice alleging that the defendant is related or situated to the
victim   of   the   crime   in   the   manner  specified  in  18  U.S.C.
921(a)(33)(A)(ii).
  S 4. Section 380.97 of the criminal procedure law, as added by chapter
258 of the laws of 2011, is amended to read as follows:
S 380.97 Notification to division of criminal justice services of deter-
             minations in certain misdemeanor cases.
  Upon judgment of conviction of assault or  attempted  assault  in  the
third degree, as defined in sections 120.00 and 110.00 of the penal law,
menacing  or  attempted  menacing  in  the  second degree, as defined in
section 120.14 and 110.00 of the penal law, DOMESTIC ABUSE OR  ATTEMPTED
DOMESTIC  ABUSE  IN  THE SECOND DEGREE AS DEFINED IN SECTIONS 120.80 AND
110.00 OF THE PENAL LAW, criminal  obstruction  of  breathing  or  blood
circulation  or  attempted  criminal  obstruction  of breathing or blood
circulation, as defined in sections 121.11 and 110.00 of the penal  law,
forcible touching or attempted forcible touching, as defined in sections
130.52  and  110.00 of the penal law, when the defendant has been deter-
mined, pursuant to section 370.15 of this part, to be related  or  situ-
ated  to  the victim of the offense in the manner specified in 18 U.S.C.
921(a)(33)(A)(ii), the clerk of the court shall include notification and
a copy of the written determination in a report of  such  conviction  to
the  division  of  criminal  justice  services to enable the division to
report such determination to the federal  bureau  of  investigation  and
assist  the bureau in identifying persons prohibited from purchasing and
possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
  S 5. The opening paragraph of subdivision 1 of section 530.11  of  the
criminal  procedure  law, as amended by chapter 405 of the laws of 2010,
is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE 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

S. 4155                             5

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  or  an  attempted  assault 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 criminal-
ly  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 fami-
ly  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. For purposes of this section, "members of the same fami-
ly  or  household"  with  respect to a proceeding in the criminal courts
shall mean the following:
  S 6. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act, as separately amended by chapters 341 and 405 of the
laws of 2010, is amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE 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 breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion in the first degree, assault in the second degree, assault  in  the
third  degree or an attempted assault, criminal obstruction of breathing
or blood circulation or strangulation 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 respon-
sible 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. For purposes of this  article,
"members of the same family or household" shall mean the following:
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

2013-S4155A (ACTIVE) - Details

See Assembly Version of this Bill:: A3340
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §§120.75, 120.80 & 120.85, Pen L; add §200.64, amd §§370.15, 380.97 & 530.11, CP L; amd §812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3666, A5890
2015-2016: S3478
2017-2018: S4810
2019-2020: S3857
2021-2022: S6176
2023-2024: S5040

2013-S4155A (ACTIVE) - Summary

2013-S4155A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4155A

TITLE OF BILL:  An act to amend the penal law, in relation to
establishing domestic abuse offenses; to amend the criminal procedure
law, in relation to providing for a special information in the
indictment of certain felony domestic abuse offenses and procedures
for determining whether domestic abuse misdemeanors are crimes of
domestic violence for purposes of federal law; and to amend the
criminal procedure law and the family court act, in relation to
including domestic abuse in the first and second degrees as family
offenses

PURPOSE OR GENERAL IDEA OF BILL:

Establishes domestic abuse offenses, provides for special information
for certain felony domestic abuse offense and designates such offenses
as family offenses.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the penal law by adding three new sections: 120.75,
120.80, and 120.85.

Section two amends the criminal procedure law by adding a new section
200.64.

Section three amends subdivision one of section 370.15 of the criminal
procedure law as added by chapter 258 of the laws of 2011.

Section four amends section 380.97 of the criminal procedure law as
added by chapter 258 of the laws of 2011.

Section five amends the opening paragraph of subdivision 1 of section
530.11 of the criminal procedure law as amended by chapter 526 of the
laws of 2010.

Section six amends the opening paragraph of subdivision 1 of section
812 of the family court act as separately amended by chapters 526 of
the laws of 2013.

Section seven is the effective date.

JUSTIFICATION:

Presently, conduct that qualifies only as harassment committed against
a spouse or intimate partner but that results in physical injury is
punishable as a mere violation. The creation of the crime of domestic
abuse in the second degree increases the scope of punishment of those
who cause physical injury to a spouse or intimate partner, thereby
providing a greater deterrent against such conduct.

Likewise, New York law punishes only as a misdemeanor assaultive
conduct against a spouse or intimate partner that results in physical
injury. Such conduct time and again leads to more and more serious
assaults, serious physical injury and perhaps death. The creation of
the felony of domestic abuse in the first degree increases the scope


of punishment and provides a greater deterrent for those who commit
serious domestic abuse or who are repeat offenders.

In addition, currently, New York has no offense specifically
identified as domestic violence or abuse. By creating the crime of
domestic abuse for offenses in which physical injury is caused in the
context of a domestic relationship, New York will join the many other
states that are able to track domestic violence, in order to address
one of the most underreported crimes in New York State. That change
will also enable enforcement of federal laws prohibiting sale of
firearms to those who have been convicted of a misdemeanor crime of
domestic violence.

PRIOR LEGISLATIVE HISTORY:

2013: Referred to Codes/A3340 Referred to Codes
2012: A.5890-C/S.3666-C - Died in Codes, both Houses.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

2013-S4155A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4155--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  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  penal law, in relation to establishing domestic
  abuse offenses; to amend the criminal procedure law,  in  relation  to
  providing for a special information in the indictment of certain felo-
  ny  domestic  abuse  offenses  and  procedures for determining whether
  domestic abuse  misdemeanors  are  crimes  of  domestic  violence  for
  purposes  of  federal law; and to amend the criminal procedure law and
  the family court act, in relation to including domestic abuse  in  the
  first and second degrees as family offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is  amended  by  adding  three  new  sections
120.75, 120.80 and 120.85 to read as follows:
S 120.75 DEFINITIONS; DOMESTIC ABUSE.
  FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
  1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
  2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
WERE MARRIED OR HAVE LIVED TOGETHER.
  3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
HOUSEHOLD.
  4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
S 120.80 DOMESTIC ABUSE IN THE SECOND DEGREE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00816-02-4

S. 4155--A                          2

  A  PERSON  IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE WHEN, WITH
INTENT TO HARASS, ANNOY OR ALARM  HIS  OR  HER  SPOUSE,  FORMER  SPOUSE,
FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR SHE CAUSES
PHYSICAL  INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD
IN COMMON OR DOMESTIC PARTNER.
  DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
  1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO HIS OR HER SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC  PARTNER,  HE  OR
SHE CAUSES SUCH INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A
CHILD IN COMMON OR DOMESTIC PARTNER, OR TO A THIRD PERSON; OR
  2.  HE  OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO HIS OR HER SPOUSE,
FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR  DOMESTIC  PARTNER;
OR
  3.  WITH  CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO HIS
OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
  4. HE OR SHE COMMITS A CRIME AGAINST HIS OR HER SPOUSE, FORMER SPOUSE,
FELLOW  PARENT  OF  A CHILD IN COMMON OR DOMESTIC PARTNER, AND HE OR SHE
HAS PREVIOUSLY BEEN CONVICTED OF A CRIME  AGAINST  HIS  OR  HER  SPOUSE,
FORMER  SPOUSE,  FELLOW  PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER
WITHIN THE PRECEDING FIVE YEARS. THE PERSON AGAINST  WHOM  A  CRIME  HAS
BEEN COMMITTED FOR PURPOSES OF CULPABILITY UNDER THIS SUBDIVISION MAY BE
A  DIFFERENT  PERSON THAN WHOM THE PREDICATE CRIME WAS COMMITTED AGAINST
DURING THE PRECEDING FIVE YEARS. FOR PURPOSES OF THIS  SUBDIVISION,  ANY
PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
REASON BETWEEN THE COMMISSION OF ANY PREVIOUS CRIMES AND THE  COMMISSION
OF THE CRIME IN VIOLATION OF THIS SUBDIVISION SHALL BE EXCLUDED AND SUCH
FIVE  YEAR  PERIOD  SHALL  BE  EXTENDED  BY THE PERIOD OR PERIOD OF TIME
DURING WHICH THE DEFENDANT WAS INCARCERATED.
  DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
  S 2. The criminal procedure law is amended by  adding  a  new  section
200.64 to read as follows:
S 200.64 INDICTMENT; SPECIAL INFORMATION FOR DOMESTIC ABUSE OFFENDER.
  1.  WHENEVER  A  PERSON  IS  CHARGED  WITH THE COMMISSION OR ATTEMPTED
COMMISSION OF DOMESTIC ABUSE IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
SION  FOUR OF SECTION 120.85 OF THE PENAL LAW, AN INDICTMENT OR INFORMA-
TION FOR SUCH OFFENSE SHALL BE ACCOMPANIED  BY  A  SPECIAL  INFORMATION,
FILED BY THE DISTRICT ATTORNEY WITH THE COURT, ALLEGING THAT THE DEFEND-
ANT  WAS PREVIOUSLY CONVICTED OF A CRIME, THAT AT THE TIME OF THE PREVI-
OUS CRIME OR AT AN EARLIER TIME THE DEFENDANT  WAS  THE  SPOUSE,  FORMER
SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN COMMON OR DOMESTIC PARTNER, AS
DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
AND  THAT  SUCH  PREVIOUS  CONVICTION  TOOK PLACE WITHIN THE TIME PERIOD
SPECIFIED IN SUBDIVISION FOUR  OF  SECTION  120.85  OF  THE  PENAL  LAW.
EXCEPT  AS  PROVIDED  IN  THIS SECTION, THE PEOPLE MAY NOT REFER TO SUCH
SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING  THE
ALLEGATIONS THEREIN.
  2.  AT  ANY  TIME BEFORE THE CLOSE OF THE PEOPLE'S CASE, THE COURT, IN
THE ABSENCE OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON  SUCH  INFORMA-
TION  AND  ADVISE  HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGA-
TION, DENY ANY SUCH ALLEGATION OR REMAIN MUTE WITH RESPECT TO  ANY  SUCH
ALLEGATION.  DEPENDING  UPON  THE DEFENDANT'S RESPONSE, THE TRIAL OF THE
INDICTMENT OR INFORMATION MUST THEN PROCEED AS FOLLOWS:

S. 4155--A                          3

  (A) (I) IF THE PREVIOUS CONVICTION IS OF DOMESTIC ABUSE IN THE  SECOND
DEGREE  AS DEFINED BY SECTION 120.80 OF THE PENAL LAW, AND THE DEFENDANT
ADMITS THE PREVIOUS CONVICTION OR THAT IT TOOK  PLACE  WITHIN  THE  TIME
PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85 OF THE PENAL LAW,
THE  ADMITTED  ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED FOR
ALL SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION  70.00
OF  THE  PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS IF THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT MAY NOT SUBMIT TO THE JURY ANY LESSER INCLUDED  OFFENSE  WHICH  IS
DISTINGUISHED  FROM  THE  OFFENSE  CHARGED  SOLELY  BY THE FACT THAT THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR  REMAINS  MUTE
WITH  RESPECT  TO  IT,  THE PEOPLE MAY PROVE THAT ELEMENT OF THE OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK  PLACE
WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85
OF THE PENAL LAW, OR REMAINS MUTE  WITH  RESPECT  TO  THAT  MATTER,  THE
PEOPLE  MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF
THEIR CASE, THAT THE PREVIOUS CONVICTION  TOOK  PLACE  WITHIN  THE  TIME
PERIOD SPECIFIED.
  (B)  (I) IF THE PREVIOUS CONVICTION IS FOR A CRIME OTHER THAN DOMESTIC
ABUSE IN THE SECOND DEGREE AS DEFINED BY SECTION  120.80  OF  THE  PENAL
LAW,  AND  THE  DEFENDANT  ADMITS  THE PREVIOUS CONVICTION, THAT IT TOOK
PLACE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION  FOUR  OF  SECTION
120.85  OF  THE  PENAL LAW, OR THAT THE DEFENDANT WAS THE SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH CRIME,
THE ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED  ESTABLISHED  FOR
ALL  SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION 70.00
OF THE PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS  IF  THE
ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
COURT  MAY  NOT  SUBMIT TO THE JURY ANY LESSER INCLUDED OFFENSE WHICH IS
DISTINGUISHED FROM THE OFFENSE CHARGED  SOLELY  BY  THE  FACT  THAT  THE
PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
  (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
WITH RESPECT TO IT, THE PEOPLE MAY PROVE THAT  ELEMENT  OF  THE  OFFENSE
BEFORE THE JURY AS A PART OF THEIR CASE.
  (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF  SECTION  120.85
OF  THE  PENAL  LAW,  OR  REMAINS  MUTE WITH RESPECT TO THAT MATTER, THE
PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART  OF
THEIR  CASE,  THAT  THE  PREVIOUS  CONVICTION TOOK PLACE WITHIN THE TIME
PERIOD SPECIFIED.
  (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT WAS THE SPOUSE, FORMER
SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH PREVI-
OUS CRIME, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE  PEOPLE  MAY
PROVE  THAT  ELEMENT  OF  THE OFFENSE BEFORE THE JURY AS A PART OF THEIR
CASE.
  3. NOTWITHSTANDING SUBDIVISION ONE, AND SUBPARAGRAPH (I) OF  PARAGRAPH
(A)  AND  SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
SECTION, IF EVIDENCE REGARDING THE PRIOR CONVICTION, OR THAT THE DEFEND-
ANT WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR
DOMESTIC PARTNER AS DEFINED IN SECTION 120.75 OF THE PENAL  LAW  OF  THE
VICTIM  OF  SUCH  PREVIOUS CRIME, IS RELEVANT TO HELP PROVE THE CRIME OR

S. 4155--A                          4

CRIMES CHARGED IN THE INDICTMENT OR INFORMATION, SUCH EVIDENCE SHALL  BE
ADMISSIBLE.
  4.  A  DETERMINATION PURSUANT TO THIS SECTION THAT THE DEFENDANT HAS A
PREVIOUS CONVICTION, THAT AT THE TIME OF THE PRIOR OFFENSE THE DEFENDANT
WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR
DOMESTIC  PARTNER  AS  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE
VICTIM OF SUCH PREVIOUS CRIME, OR  THAT  THE  PREVIOUS  CONVICTION  TOOK
PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
120.85 OF THE PENAL LAW, SHALL BE BINDING IN ANY  FUTURE  PROCEEDING  IN
WHICH  THE  ISSUE MAY ARISE UNLESS THE CONVICTION FOR THE DOMESTIC ABUSE
OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
  S 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
added by chapter 258 of the laws of 2011, is amended to read as follows:
  1. When a defendant has been charged with assault or attempted assault
in the third degree as defined in sections  120.00  and  110.00  of  the
penal  law,  menacing  or  attempted  menacing  in  the second degree as
defined in sections 120.14 and 110.00 of the penal law,  DOMESTIC  ABUSE
OR  ATTEMPTED DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTIONS
120.80 AND 110.00 OF THE PENAL LAW, criminal obstruction of breathing or
blood circulation or attempted  criminal  obstruction  of  breathing  or
blood  circulation as defined in sections 121.11 and 110.00 of the penal
law, or forcible touching or attempted forcible touching as  defined  in
sections 130.52 and 110.00 of the penal law, the people may, at arraign-
ment or no later than forty-five days after arraignment, for the purpose
of notification to the division of criminal justice services pursuant to
section  380.97  of  this part, serve on the defendant and file with the
court a notice alleging that the defendant is related or situated to the
victim  of  the  crime  in   the   manner   specified   in   18   U.S.C.
921(a)(33)(A)(ii).
  S 4. Section 380.97 of the criminal procedure law, as added by chapter
258 of the laws of 2011, is amended to read as follows:
S 380.97 Notification to division of criminal justice services of deter-
             minations in certain misdemeanor cases.
  Upon  judgment  of  conviction  of assault or attempted assault in the
third degree, as defined in sections 120.00 and 110.00 of the penal law,
menacing or attempted menacing in  the  second  degree,  as  defined  in
section  120.14 and 110.00 of the penal law, DOMESTIC ABUSE OR ATTEMPTED
DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN  SECTIONS  120.80  AND
110.00  OF  THE  PENAL  LAW,  criminal obstruction of breathing or blood
circulation or attempted criminal  obstruction  of  breathing  or  blood
circulation,  as defined in sections 121.11 and 110.00 of the penal law,
forcible touching or attempted forcible touching, as defined in sections
130.52 and 110.00 of the penal law, when the defendant has  been  deter-
mined,  pursuant  to section 370.15 of this part, to be related or situ-
ated to the victim of the offense in the manner specified in  18  U.S.C.
921(a)(33)(A)(ii), the clerk of the court shall include notification and
a  copy  of  the written determination in a report of such conviction to
the division of criminal justice services  to  enable  the  division  to
report  such  determination  to  the federal bureau of investigation and
assist the bureau in identifying persons prohibited from purchasing  and
possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
  S  5.  The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 526 of the laws  of  2013,
is amended to read as follows:
  The  family court and the criminal courts shall have concurrent juris-
diction over any  proceeding  concerning  acts  which  would  constitute

S. 4155--A                          5

disorderly  conduct,  harassment  in the first degree, harassment in the
second degree, aggravated harassment  in  the  second  degree,  DOMESTIC
ABUSE  IN  THE FIRST DEGREE, DOMESTIC ABUSE 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 or coercion in the second 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. For purposes of this section, "members of
the same family or household" with respect to a proceeding in the crimi-
nal courts shall mean the following:
  S 6. The opening paragraph of subdivision 1  of  section  812  of  the
family  court  act,  as  amended  by chapter 526 of the laws of 2013, is
amended to read as follows:
  The family court and the criminal courts shall have concurrent  juris-
diction  over  any  proceeding  concerning  acts  which would constitute
disorderly conduct, harassment in the first degree,  harassment  in  the
second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE 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 breath-
ing or blood circulation, strangulation in the second degree, strangula-
tion 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 or
coercion in the second 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 criminal-
ly  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 fami-
ly  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

S. 4155--A                          6

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. For purposes
of this article, "members of the same family or  household"  shall  mean
the following:
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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