S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6288
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 11, 2023
                                ___________
 
 Introduced  by Sens. HINCHEY, ROLISON -- 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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04914-01-3
              

 S. 6288                             2
 
 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
 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
 S. 6288                             3
 
 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
 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.