NY State Senate Bill 2019-S3857

Senate Bill S3857

2019-2020 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
Jan 08, 2020	referred to codes
Feb 20, 2019	referred to codes

2019-S3857 (ACTIVE) - Details

See Assembly Version of this Bill:: A4929
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
2013-2014: S4155
2015-2016: S3478
2017-2018: S4810, A6170
2021-2022: S6176, A2243
2023-2024: S5040, A4580

2019-S3857 (ACTIVE) - 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.

2019-S3857 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3857

SPONSOR: LANZA
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing 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:

2018: S.4810 - Referred to Codes/A.6170 - Referred to Codes
2017: S.4810 - Referred to Codes/A.6170 - Referred to Codes
2016: S.3478 - Referred to Codes
2015: S.3478 - Referred to Codes
2014: S.4155-A - Referred to Codes/A.3340-A Referred to Codes
2013: S.4155 - Referred to Codes/A.3340 - Referred to Codes
2012: S.3666-C - Referred to Codes/A.5890-C - Referred to Codes
2011: S.3666 - Referred to Codes/A.5890 - Referred to Codes

 
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.

2019-S3857 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3857
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 20, 2019
                                ___________
 
 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:
 § 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.
 § 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.
                                                            LBD00262-01-9

 S. 3857                             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.
 § 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.
   § 2. The criminal procedure law is amended by  adding  a  new  section
 200.64 to read as follows:
 § 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. 3857                             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. 3857                             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.
   § 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
 added by chapter 60 of the laws of 2018, is amended to read as follows:
   1. When a defendant has been charged with assault in the third degree,
 menacing  in  the  third degree, menacing in the second degree, DOMESTIC
 ABUSE IN THE SECOND DEGREE, criminal obstruction of breathing  or  blood
 circulation, unlawful imprisonment in the second degree, coercion in the
 third  degree, criminal tampering in the third degree, criminal contempt
 in the second degree, harassment in the first degree, aggravated harass-
 ment in the second degree, criminal trespass in the third degree, crimi-
 nal trespass in the second degree, arson in the fifth degree, or attempt
 to commit any of the above-listed offenses, the people may, at  arraign-
 ment  or  no  later than forty-five days after arraignment, serve on the
 defendant and file with the court a notice alleging that  the  defendant
 and  the  person  alleged to be the victim of such crime were members of
 the same family or household as defined in subdivision  one  of  section
 530.11 of this chapter.
   § 4. Section 380.97 of the criminal procedure law, as added by chapter
 60 of the laws of 2018, is amended to read as follows:
 § 380.97 Notification  to  division  of  criminal  justice  services  of
            certain misdemeanor convictions.
   Upon judgment of conviction of assault in the third  degree,  menacing
 in  the  third  degree, menacing in the second degree, DOMESTIC ABUSE IN
 THE SECOND DEGREE, criminal obstruction of  breathing  or  blood  circu-
 lation,  unlawful  imprisonment  in  the  second degree, coercion in the
 third degree, criminal tampering in the third degree, criminal  contempt
 in  the  second  degree,  harassment  in the first degree, or aggravated
 harassment in the second degree, criminal trespass in the third  degree,
 criminal  trespass  in  the second degree, arson in the fifth degree, or
 attempt to commit any of the above-listed offenses, when  the  defendant
 and  victim  have  been  determined,  pursuant to section 370.15 of this
 part, to be members of the same family or household as defined in subdi-
 vision one of section 530.11 of this chapter, 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 or other weapon due
 to conviction of an offense specified in paragraph [c] (C)  of  subdivi-
 sion seventeen of section 265.00 of the penal law.
   §  5.  The opening paragraph of subdivision 1 of section 530.11 of the
 criminal procedure law, as amended by section 4 of part NN of chapter 55
 of the laws of 2018, 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

 S. 3857                             5
 
 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 proceed-
 ing 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 criminal courts shall mean the following:
   § 6. The opening paragraph of subdivision 1  of  section  812  of  the
 family  court  act,  as amended by section 5 of part NN of chapter 55 of
 the laws of 2018, 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,
 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  proceed-
 ing  pursuant  to this section. In any proceeding pursuant to this arti-
 cle, a court shall not deny an order of protection, or dismiss  a  peti-
 tion,  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

 S. 3857                             6
 
 conduct not in a public place. For purposes of this article, "members of
 the same family or household" shall mean the following:
   § 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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