S T A T E O F N E W Y O R K
________________________________________________________________________
3277
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. BEEPHAN -- read once and referred to the Commit-
tee on Judiciary
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04914-01-3
A. 3277 2
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
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"; AND
(F) PERSONS WHO ARE RELATED BY CONSANGUINITY OR AFFINITY TO PARTIES
WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP AS DEFINED IN PARAGRAPH
(E) OF THIS SUBDIVISION.
§ 3. Subdivision 1 of section 530.11 of the criminal procedure law, 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, 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
A. 3277 3
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:
(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"; AND
(F) PERSONS WHO ARE RELATED BY CONSANGUINITY OR AFFINITY TO PARTIES
WHO ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP AS DEFINED IN PARAGRAPH
(E) OF THIS SUBDIVISION.
§ 4. This act shall take effect immediately.