Senate Bill S9545

2021-2022 Legislative Session

Enacts "Melanie's law"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2021-S9545 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Family Court Act
Laws Affected:
Amd §812, Fam Ct Act; amd §530.11, CP L
Versions Introduced in 2023-2024 Legislative Session:
S4474, S6288

2021-S9545 (ACTIVE) - Summary

Enacts "Melanie's law"; relates to orders of protection; allows courts to issue orders of protection for immediate family members or household members of the named victims, regardless of age.

2021-S9545 (ACTIVE) - Sponsor Memo

2021-S9545 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9545
 
                             I N  S E N A T E
 
                              August 31, 2022
                                ___________
 
 Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the family court act and the criminal procedure law,  in
   relation to orders of protection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and  may  be  cited  as  "Melanie's
 law".
   §  2. Subdivision 1 of section 812 of the family court act, as amended
 by chapter 326 of the laws of 2008, the opening paragraph as amended  by
 chapter 109 of the laws of 2019, 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, 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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