NY State Senate Bill 2021-S1562

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 05, 2022	referred to children and families
Jan 13, 2021	referred to children and families

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2021-S1562 (ACTIVE) - Details

See Assembly Version of this Bill:: A365
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §812, Fam Ct Act; amd §530.11, CP L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S6786, A8766
2023-2024: S2074, A4419

2021-S1562 (ACTIVE) - Summary

Modifies the definition of disorderly conduct for family offense proceedings to not require an intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, but merely an intent to cause annoyance or alarm, or recklessly creating a risk thereof.

2021-S1562 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1562

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the family court act and the criminal procedure law, in
relation to disorderly conduct

 
PURPOSE:

The purpose of this bill is to extend the protection of New York's
domestic violence statutes to all victims by eliminating the requirement
that such violence be perpetrated with an intent to cause public annoy-
ance.

 
SUMMARY OF PROVISIONS:

The bill amends the opening paragraph of subdivision 1 of section 812 of
the family court act, as separately amended by chapter 109 of the laws
of 2019, to provide that, for purposes of this article, "disorderly
conduct" does not require an intent to cause public inconvenience,

annoyance or alarm but merely an intent to cause annoyance or alarm or
recklessly creating a risk thereof.

 
JUSTIFICATION:

The purpose of New York's Family Offense laws is to protect people from
domestic violence. Unfortunately, a recent appellate decision (Cassie v.
Cassie, 969 N.Y.S.2d 537(Second Dept., 2013)) requires such acts to
occur with intent to cause public inconvenience, annoyance and alarm.
This subverts the intent of the law to protect people who suffer from
domestic violence which occurs commonly without any "public" intent.
This bill corrects that mistake, and extends the protection of New
York's domestic violence statutes to all victims of domestic violence,
whether perpetrated in public, within the confines of the home, or
anywhere.

The Cassie case has been cited 55 times in appellate decisions and four-
teen times dealing with the need for public intent in family offense
petitions. Most recently in 2018, the Second Department dismissed a
disorderly conduct family offense case against a man who was physically
violent toward a woman. The court ruled against the woman seeking an
Order Protection because of no public intent in the act by the man.
(Saquipay v. Puzhi, 160 A.D. 3d 879 (2nd Dept., 2018).

In New York State, over 310,000 Order of Protection were issued in 2016
and last year over 60,000 Family Offense petitions were filed in Family
Court, according to the NYS Unified Court System Annual Report 2018.

 
FISCAL IMPACT:

None

 
LEGISLATIVE HISTORY:

2019-2020 - S.6786-A (May) Recommitted to Children and Families
/A.8766-A (Steck) Recommitted to Judiciary

 
EFFECTIVE DATE:
Immediately

2021-S1562 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1562
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 13, 2021
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 disorderly conduct
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of  section  812  of
 the  family court act, as amended by chapter 109 of the laws of 2019, 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 AS SET FORTH IN SUBDIVISIONS ONE, THREE, FOUR,  FIVE,
 SIX AND SEVEN OF SECTION 240.20 OF THE PENAL LAW, unlawful dissemination
 or  publication  of  an  intimate image, harassment in the first degree,
 harassment 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,
 menacing   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 between spouses or  former  spouses,  or
 between parent and child or between members of the same family or house-
 hold  except  that if the respondent would not be criminally responsible
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04304-01-1

 S. 1562                             2
 
 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 AND DOES NOT REQUIRE AN  INTENT
 TO  CAUSE PUBLIC INCONVENIENCE, ANNOYANCE OR ALARM, OR RECKLESSLY CREAT-
 ING A RISK THEREOF, BUT MERELY AN INTENT TO CAUSE ANNOYANCE OR ALARM, OR
 RECKLESSLY CREATING A RISK THEREOF.    For  purposes  of  this  article,
 "members of the same family or household" shall mean the following:
   §  2.  The opening paragraph of subdivision 1 of section 530.11 of the
 criminal procedure law, as amended by chapter 109 of the laws  of  2019,
 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 AS SET FORTH IN SUBDIVISIONS ONE, THREE, FOUR, FIVE,
 SIX AND SEVEN OF SECTION 240.20 OF THE PENAL LAW, unlawful dissemination
 or publication of an intimate image, harassment  in  the  first  degree,
 harassment  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,
 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 house-
 hold 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 AND DOES NOT REQUIRE AN INTENT TO  CAUSE  PUBLIC  INCONVEN-
 IENCE,  ANNOYANCE  OR  ALARM, OR RECKLESSLY CREATING A RISK THEREOF, BUT
 MERELY AN INTENT TO CAUSE ANNOYANCE OR ALARM, OR RECKLESSLY  CREATING  A
 RISK  THEREOF. 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:
   § 3. This act shall take effect immediately.

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Senate Bill S1562

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2021-S1562 (ACTIVE) - Details

2021-S1562 (ACTIVE) - Summary

2021-S1562 (ACTIVE) - Sponsor Memo

2021-S1562 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1562

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2021-S1562 (ACTIVE) - Details

2021-S1562 (ACTIVE) - Summary

2021-S1562 (ACTIVE) - Sponsor Memo

2021-S1562 (ACTIVE) - Bill Text download pdf

Comments