S 4125: 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.

  
  STATE OF NEW YORK ________________________________________________________________________ 4125 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ 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: 1 Section 1. The opening paragraph of subdivision 1 of section 812 of 2 the family court act, as amended by chapter 541 of the laws of 2024, is 3 amended to read as follows: 4 The family court and the criminal courts shall have concurrent juris- 5 diction over any proceeding concerning acts which would constitute 6 disorderly conduct as set forth in subdivisions one, three, four, five, 7 six and seven of section 240.20 of the penal law, unlawful dissemination 8 or publication of an intimate image, harassment in the first degree, 9 harassment in the second degree, aggravated harassment in the second 10 degree, sexual misconduct, forcible touching, sexual abuse in the third 11 degree, sexual abuse in the second degree as set forth in subdivision 12 one of section 130.60 of the penal law, stalking in the first degree, 13 stalking in the second degree, stalking in the third degree, stalking in 14 the fourth degree, criminal mischief, menacing in the second degree, 15 menacing in the third degree, reckless endangerment, criminal 16 obstruction of breathing or blood circulation, strangulation in the 17 second degree, strangulation in the first degree, assault in the second 18 degree, assault in the third degree, an attempted assault, identity 19 theft in the first degree, identity theft in the second degree, identity 20 theft in the third degree, grand larceny in the fourth degree, grand 21 larceny in the third degree, coercion in the second degree or coercion 22 in the third degree as set forth in subdivisions one, two and three of 23 section 135.60 of the penal law between spouses or former spouses, or 24 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. LBD08659-01-5 
 S. 4125 2 1 hold except that if the respondent would not be criminally responsible 2 by reason of age pursuant to section 30.00 of the penal law, then the 3 family court shall have exclusive jurisdiction over such proceeding. 4 Notwithstanding a complainant's election to proceed in family court, the 5 criminal court shall not be divested of jurisdiction to hear a family 6 offense proceeding pursuant to this section. In any proceeding pursuant 7 to this article, a court shall not deny an order of protection, or 8 dismiss a petition, solely on the basis that the acts or events alleged 9 are not relatively contemporaneous with the date of the petition, the 10 conclusion of the fact-finding or the conclusion of the dispositional 11 hearing. For purposes of this article, "disorderly conduct" includes 12 disorderly conduct not in a public place and does not require an intent 13 to cause public inconvenience, annoyance or alarm, or recklessly creat- 14 ing a risk thereof, but merely an intent to cause annoyance or alarm, or 15 recklessly creating a risk thereof. For purposes of this article, 16 "members of the same family or household" shall mean the following: 17 § 2. The opening paragraph of subdivision 1 of section 530.11 of the 18 criminal procedure law, as amended by chapter 541 of the laws of 2024, 19 is amended to read as follows: 20 The family court and the criminal courts shall have concurrent juris- 21 diction over any proceeding concerning acts which would constitute 22 disorderly conduct as set forth in subdivisions one, three, four, five, 23 six and seven of section 240.20 of the penal law, unlawful dissemination 24 or publication of an intimate image, harassment in the first degree, 25 harassment in the second degree, aggravated harassment in the second 26 degree, sexual misconduct, forcible touching, sexual abuse in the third 27 degree, sexual abuse in the second degree as set forth in subdivision 28 one of section 130.60 of the penal law, stalking in the first degree, 29 stalking in the second degree, stalking in the third degree, stalking in 30 the fourth degree, criminal mischief, menacing in the second degree, 31 menacing in the third degree, reckless endangerment, strangulation in 32 the first degree, strangulation in the second degree, criminal 33 obstruction of breathing or blood circulation, assault in the second 34 degree, assault in the third degree, an attempted assault, identity 35 theft in the first degree, identity theft in the second degree, identity 36 theft in the third degree, grand larceny in the fourth degree, grand 37 larceny in the third degree, coercion in the second degree or coercion 38 in the third degree as set forth in subdivisions one, two and three of 39 section 135.60 of the penal law between spouses or former spouses, or 40 between parent and child or between members of the same family or house- 41 hold except that if the respondent would not be criminally responsible 42 by reason of age pursuant to section 30.00 of the penal law, then the 43 family court shall have exclusive jurisdiction over such proceeding. 44 Notwithstanding a complainant's election to proceed in family court, the 45 criminal court shall not be divested of jurisdiction to hear a family 46 offense proceeding pursuant to this section. For purposes of this 47 section, "disorderly conduct" includes disorderly conduct not in a 48 public place and does not require an intent to cause public inconven- 49 ience, annoyance or alarm, or recklessly creating a risk thereof, but 50 merely an intent to cause annoyance or alarm, or recklessly creating a 51 risk thereof. For purposes of this section, "members of the same family 52 or household" with respect to a proceeding in the criminal courts shall 53 mean the following: 54 § 3. This act shall take effect immediately.