NY State Senate Bill 2023-S2074

Current 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 03, 2024	referred to children and families
Jan 18, 2023	referred to children and families

co-Sponsors

2023-S2074 (ACTIVE) - Details

See Assembly Version of this Bill:: A4419
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
2021-2022: S1562, A365

2023-S2074 (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.

2023-S2074 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2074

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:

2021-2022 - S.1562 (May) / A.365 (Steck)

2019-2020 - S.6786-A (May) / A.8766-A (Steck)

 
EFFECTIVE DATE:
Immediately

2023-S2074 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2074
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by  Sens.  MAY,  COMRIE, RIVERA, SEPULVEDA -- 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00442-01-3

 S. 2074                             2
 
 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. 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 S2074

Sponsored By

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2023-S2074 (ACTIVE) - Details

2023-S2074 (ACTIVE) - Summary

2023-S2074 (ACTIVE) - Sponsor Memo

2023-S2074 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2074

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Leroy Comrie

Gustavo Rivera

Luis R. Sepúlveda

2023-S2074 (ACTIVE) - Details

2023-S2074 (ACTIVE) - Summary

2023-S2074 (ACTIVE) - Sponsor Memo

2023-S2074 (ACTIVE) - Bill Text download pdf

Comments