NY State Senate Bill 2019-S5307

Senate Bill S5307

2019-2020 Legislative Session

Relates to including rape in the third degree, rape in the second degree and rape in the first degree as family offenses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Children And Families 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 children and families
Apr 24, 2019	referred to children and families

2019-S5307 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §530.11, CP L; amd §812, Fam Ct Act; amd §240.75, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S5887
2023-2024: S7351

2019-S5307 (ACTIVE) - Summary

Relates to including rape in the third degree, rape in the second degree and rape in the first degree as family offenses.

2019-S5307 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5307

SPONSOR: PARKER
 
TITLE OF BILL:  An act to amend the criminal procedure law, the family
court act and the penal law, in relation to including rape in the third
degree, rape in the second degree and rape in the first degree as family
offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

Relates to including rape in the third degree, rape in the second degree
and rape in the first degree as family defense

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Subdivision 1 of section 530.11 of the criminal procedure
law, as amended by chapter 326 of the laws of 2008, and the opening
paragraph as amended by section 4 of part NN of chapter 55 of the laws
of 2018, is amended

Section 2. Subdivision 1 of section 812 of the family court act, as

amended by chapter 326 of the laws of 2008, and the opening paragraph as
amended by section 5 of part NN of chapter 55 of the laws of 2018, is
amended

Section 3. Subdivision 2 of section 240.75 of the penal law, as amended
by chapter 326 of the laws of 2008, and the opening paragraph as amended
by section 8 of part NN of chapter 55 of the laws of 2018, is amended

Section 4. This act shall take effect immediately

 
JUSTIFICATION:

Going through a divorce and filing for custody is hard enough, but imag-
ine having to do so when your partner has raped you or your child.  As
the law currently stands, "rape" cannot be heard in a family court
because it is a criminal offense and separate charges have to be filed
within a criminal court. Because of this, a family court judge cannot
hear or use rape to determine someone's right to custody and often times
children have been placed back into the homes of their rapists.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law

2019-S5307 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5307
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 24, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 AN ACT to amend the criminal procedure law, the family court act and the
   penal law, in relation to including rape in the third degree, rape  in
   the second degree and rape in the first degree as family offenses

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 530.11 of the  criminal  procedure
 law,  as  amended  by  chapter  326 of the laws of 2008, and the opening
 paragraph as amended by section 4 of part NN of chapter 55 of  the  laws
 of 2018, is amended to read as follows:
   1.  Jurisdiction.  The family court and the criminal courts shall have
 concurrent jurisdiction over any proceeding concerning acts which  would
 constitute  disorderly  conduct, harassment in the first degree, harass-
 ment 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, menac-
 ing 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,  RAPE  IN THE THIRD DEGREE AS SET FORTH IN SECTION 130.25 OF
 THE PENAL LAW, RAPE IN THE SECOND DEGREE AS SET FORTH IN SECTION  130.30
 OF  THE  PENAL  LAW,  RAPE  IN  THE FIRST DEGREE AS SET FORTH IN SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11292-01-9

 S. 5307                             2
 
 130.35 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 fami-
 ly  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 criminal courts  shall
 mean the following:
   (a) persons related by consanguinity or affinity;
   (b) persons legally married to one another;
   (c) persons formerly married to one another regardless of whether they
 still reside in the same household;
   (d)  persons  who  have  a child in common, regardless of whether such
 persons have been married or have lived together at any time; and
   (e) persons who are not related by consanguinity or affinity  and  who
 are  or have been in an intimate relationship regardless of whether such
 persons have lived together at any time. Factors the court may  consider
 in  determining  whether  a  relationship  is an "intimate relationship"
 include but are not limited to: the  nature  or  type  of  relationship,
 regardless of whether the relationship is sexual in nature; the frequen-
 cy of interaction between the persons; and the duration of the relation-
 ship.  Neither a casual acquaintance nor ordinary fraternization between
 two individuals in business  or  social  contexts  shall  be  deemed  to
 constitute an "intimate relationship".
   §  2. Subdivision 1 of section 812 of the family court act, as amended
 by chapter 326 of the laws of 2008, and the opening paragraph as amended
 by section 5 of part NN of chapter 55 of the laws of 2018, is amended to
 read as follows:
   1. Jurisdiction.  The family court and the criminal courts shall  have
 concurrent  jurisdiction over any proceeding concerning acts which would
 constitute disorderly conduct, harassment in the first  degree,  harass-
 ment  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,  menac-
 ing  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 section 135.60 of the
 penal law, RAPE IN THE THIRD DEGREE AS SET FORTH IN  SECTION  130.25  OF
 THE  PENAL LAW, RAPE IN THE SECOND DEGREE AS SET FORTH IN SECTION 130.30
 OF THE PENAL LAW, RAPE IN THE FIRST  DEGREE  AS  SET  FORTH  IN  SECTION
 130.35  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 fami-

 S. 5307                             3
 
 ly  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:
   (a) persons related by consanguinity or affinity;
   (b) persons legally married to one another;
   (c) persons formerly married to one another regardless of whether they
 still reside in the same household;
   (d) persons who have a child in  common  regardless  of  whether  such
 persons have been married or have lived together at any time; and
   (e)  persons  who are not related by consanguinity or affinity and who
 are or have been in an intimate relationship regardless of whether  such
 persons  have lived together at any time. Factors the court may consider
 in determining whether a  relationship  is  an  "intimate  relationship"
 include  but  are  not  limited  to: the nature or type of relationship,
 regardless of whether the relationship is sexual in nature; the frequen-
 cy of interaction between the persons; and the duration of the relation-
 ship. Neither a casual acquaintance nor ordinary fraternization  between
 two  individuals  in  business  or  social  contexts  shall be deemed to
 constitute an "intimate relationship".
   § 3. Subdivision 2 of section 240.75 of the penal law, as  amended  by
 section  8  of  part NN of chapter 55 of the laws of 2018, is amended to
 read as follows:
   2. A "specified offense" is  an  offense  defined  in  section  120.00
 (assault  in  the  third  degree); section 120.05 (assault in the second
 degree); section 120.10 (assault in the first  degree);  section  120.13
 (menacing  in  the first degree); section 120.14 (menacing in the second
 degree); section 120.15 (menacing in the third degree);  section  120.20
 (reckless  endangerment  in the second degree); section 120.25 (reckless
 endangerment in the first  degree);  section  120.45  (stalking  in  the
 fourth  degree);  section 120.50 (stalking in the third degree); section
 120.55 (stalking in the second degree); section 120.60 (stalking in  the
 first  degree);  section  121.11  (criminal  obstruction of breathing or
 blood circulation); section 121.12 (strangulation in the second degree);
 section 121.13 (strangulation in the first degree); subdivision  one  of
 section 125.15 (manslaughter in the second degree); subdivision one, two
 or  four  of  section 125.20 (manslaughter in the first degree); section
 125.25 (murder in the second degree);  section  130.20  (sexual  miscon-
 duct);  SECTION  130.25 (RAPE IN THE THIRD DEGREE); section 130.30 (rape
 in the second degree);  section  130.35  (rape  in  the  first  degree);
 section 130.40 (criminal sexual act in the third degree); section 130.45
 (criminal  sexual  act  in  the second degree); section 130.50 (criminal
 sexual act in the first degree);  section  130.52  (forcible  touching);
 section  130.53  (persistent sexual abuse); section 130.55 (sexual abuse
 in the third  degree);  section  130.60  (sexual  abuse  in  the  second
 degree);  section  130.65  (sexual  abuse  in the first degree); section
 130.66 (aggravated sexual abuse in the  third  degree);  section  130.67
 (aggravated  sexual  abuse in the second degree); section 130.70 (aggra-
 vated sexual abuse in the first degree); section 130.91 (sexually  moti-

 S. 5307                             4
 
 vated felony); section 130.95 (predatory sexual assault); section 130.96
 (predatory  sexual  assault  against  a child); section 135.05 (unlawful
 imprisonment in the second degree); section 135.10  (unlawful  imprison-
 ment  in  the  first  degree);  section  135.60  (coercion  in the third
 degree); section 135.61 (coercion in the second degree); section  135.65
 (coercion  in  the  first degree); section 140.20 (burglary in the third
 degree); section 140.25 (burglary in the second degree); section  140.30
 (burglary in the first degree); section 145.00 (criminal mischief in the
 fourth  degree); section 145.05 (criminal mischief in the third degree);
 section 145.10 (criminal mischief in the second degree); section  145.12
 (criminal  mischief  in  the  first  degree);  section  145.14 (criminal
 tampering in the third degree); section 215.50 (criminal contempt in the
 second degree); section 215.51 (criminal contempt in the first  degree);
 section  215.52  (aggravated criminal contempt); section 240.25 (harass-
 ment in the first degree); subdivision  one,  two  or  four  of  section
 240.30  (aggravated  harassment in the second degree); aggravated family
 offense as defined in this section  or  any  attempt  or  conspiracy  to
 commit  any of the foregoing offenses where the defendant and the person
 against whom the offense was committed were members of the  same  family
 or  household  as  defined  in  subdivision one of section 530.11 of the
 criminal procedure law.
   § 4. This act shall take effect immediately.

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