Relates to allegations in family offense petitions.
TITLE OF BILL: An act to amend the family court act, in relation to allegations in family offense petitions
This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.
This measure would conform Family Court Act §821 to a recent amendment to Family Court Act §812. Chapter 405 of the Laws of 2010 added strangulation and criminal obstruction of breathing and blood circulation to the list of family offenses for which family and criminal courts exercise concurrent jurisdiction, but failed to add these new crimes to the family offenses that may be alleged in a petition brought under Article 8 of the Family Court Act. Several cases have resulted in summary dismissals of family offense petitions that failed to allege family offenses enumerated in Family Court Act
§821, underscoring the importance of enumerating all offenses listed in Family Court Act §812 in Family Court Act §821 as well. See, e.g., Brennan v. Anesi, 283 A.D.2d 693 (3d Dept. 2001); Jones v. Roper, 187 A.D.2d 593 (2d Dept. 1992); Matter of Paulette PG v. Evan eG, 26 Misc.3d 323 (Fam. Ct., Bronx Co., 2009). This measure, therefore, would add strangulation and criminal obstruction of breathing and blood circulation to the possible allegations set forth in Family Court Act §821.
This measure would have no fiscal impact upon the State, and would take effect immediately.
LEGISLATIVE HISTORY: None. New proposal.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4302--A 2011-2012 Regular Sessions IN SENATE March 28, 2011 ___________Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the family court act, in relation to allegations in family offense petitions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 821 of the fami- ly court act, as amended by chapter 476 of the laws of 2009, is amended to read as follows: (a) An allegation that the respondent assaulted or attempted to assault his or her spouse, or former spouse, parent, child or other member of the same family or household or engaged in disorderly conduct, harassment, sexual misconduct, forcible touching, sexual abuse in the third degree, sexual abuse in the second degree as set forth in subdivi- sion one of section 130.60 of the penal law, stalking, criminal mischief, menacing
[or], reckless endangerment, CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION OR STRANGULATION toward any such person; S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10141-02-1