] is old law to be omitted. LBD00442-01-3A. 4419 2 1 by reason of age pursuant to section 30.00 of the penal law, then the 2 family court shall have exclusive jurisdiction over such proceeding. 3 Notwithstanding a complainant's election to proceed in family court, the 4 criminal court shall not be divested of jurisdiction to hear a family 5 offense proceeding pursuant to this section. In any proceeding pursuant 6 to this article, a court shall not deny an order of protection, or 7 dismiss a petition, solely on the basis that the acts or events alleged 8 are not relatively contemporaneous with the date of the petition, the 9 conclusion of the fact-finding or the conclusion of the dispositional 10 hearing. For purposes of this article, "disorderly conduct" includes 11 disorderly conduct not in a public place and does not require an intent 12 to cause public inconvenience, annoyance or alarm, or recklessly creat- 13 ing a risk thereof, but merely an intent to cause annoyance or alarm, or 14 recklessly creating a risk thereof. For purposes of this article, 15 "members of the same family or household" shall mean the following: 16 § 2. The opening paragraph of subdivision 1 of section 530.11 of the 17 criminal procedure law, as amended by chapter 109 of the laws of 2019, 18 is amended to read as follows: 19 The family court and the criminal courts shall have concurrent juris- 20 diction over any proceeding concerning acts which would constitute 21 disorderly conduct as set forth in subdivisions one, three, four, five, 22 six and seven of section 240.20 of the penal law, unlawful dissemination 23 or publication of an intimate image, harassment in the first degree, 24 harassment in the second degree, aggravated harassment in the second 25 degree, sexual misconduct, forcible touching, sexual abuse in the third 26 degree, sexual abuse in the second degree as set forth in subdivision 27 one of section 130.60 of the penal law, stalking in the first degree, 28 stalking in the second degree, stalking in the third degree, stalking in 29 the fourth degree, criminal mischief, menacing in the second degree, 30 menacing in the third degree, reckless endangerment, strangulation in 31 the first degree, strangulation in the second degree, criminal 32 obstruction of breathing or blood circulation, assault in the second 33 degree, assault in the third degree, an attempted assault, identity 34 theft in the first degree, identity theft in the second degree, identity 35 theft in the third degree, grand larceny in the fourth degree, grand 36 larceny in the third degree, coercion in the second degree or coercion 37 in the third degree as set forth in subdivisions one, two and three of 38 section 135.60 of the penal law between spouses or former spouses, or 39 between parent and child or between members of the same family or house- 40 hold except that if the respondent would not be criminally responsible 41 by reason of age pursuant to section 30.00 of the penal law, then the 42 family court shall have exclusive jurisdiction over such proceeding. 43 Notwithstanding a complainant's election to proceed in family court, the 44 criminal court shall not be divested of jurisdiction to hear a family 45 offense proceeding pursuant to this section. For purposes of this 46 section, "disorderly conduct" includes disorderly conduct not in a 47 public place and does not require an intent to cause public inconven- 48 ience, annoyance or alarm, or recklessly creating a risk thereof, but 49 merely an intent to cause annoyance or alarm, or recklessly creating a 50 risk thereof. For purposes of this section, "members of the same family 51 or household" with respect to a proceeding in the criminal courts shall 52 mean the following: 53 § 3. This act shall take effect immediately.