STATE OF NEW YORK ________________________________________________________________________ 6147 2025-2026 Regular Sessions IN SENATE March 5, 2025 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the criminal procedure law and the family court act, in relation to including rape in the third degree, rape in the second degree and rape in the first degree as family offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 530.11 of the criminal procedure 2 law, as amended by chapter 541 of the laws of 2024, is amended to read 3 as follows: 4 1. Jurisdiction. The family court and the criminal courts shall have 5 concurrent jurisdiction over any proceeding concerning acts which would 6 constitute disorderly conduct, unlawful dissemination or publication of 7 an intimate image, harassment in the first degree, harassment in the 8 second degree, aggravated harassment in the second degree, sexual 9 misconduct, forcible touching, sexual abuse in the third degree, sexual 10 abuse in the second degree as set forth in subdivision one of section 11 130.60 of the penal law, stalking in the first degree, stalking in the 12 second degree, stalking in the third degree, stalking in the fourth 13 degree, criminal mischief, menacing in the second degree, menacing in 14 the third degree, reckless endangerment, strangulation in the first 15 degree, strangulation in the second degree, criminal obstruction of 16 breathing or blood circulation, assault in the second degree, assault in 17 the third degree, an attempted assault, identity theft in the first 18 degree, identity theft in the second degree, identity theft in the third 19 degree, grand larceny in the fourth degree, grand larceny in the third 20 degree, coercion in the second degree or coercion in the third degree as 21 set forth in subdivisions one, two and three of section 135.60 of the 22 penal law, rape in the third degree as set forth in section 130.25 of 23 the penal law, rape in the second degree as set forth in section 130.30 24 of the penal law, rape in the first degree as set forth in section EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10566-01-5
S. 6147 2 1 130.35 of the penal law between spouses or former spouses, or between 2 parent and child or between members of the same family or household 3 except that if the respondent would not be criminally responsible by 4 reason of age pursuant to section 30.00 of the penal law, then the fami- 5 ly court shall have exclusive jurisdiction over such proceeding. 6 Notwithstanding a complainant's election to proceed in family court, the 7 criminal court shall not be divested of jurisdiction to hear a family 8 offense proceeding pursuant to this section. For purposes of this 9 section, "disorderly conduct" includes disorderly conduct not in a 10 public place. For purposes of this section, "members of the same family 11 or household" with respect to a proceeding in the criminal courts shall 12 mean the following: 13 (a) persons related by consanguinity or affinity; 14 (b) persons legally married to one another; 15 (c) persons formerly married to one another regardless of whether they 16 still reside in the same household; 17 (d) persons who have a child in common, regardless of whether such 18 persons have been married or have lived together at any time; 19 (e) persons who are not related by consanguinity or affinity and who 20 are or have been in an intimate relationship regardless of whether such 21 persons have lived together at any time. Factors the court may consider 22 in determining whether a relationship is an "intimate relationship" 23 include but are not limited to: the nature or type of relationship, 24 regardless of whether the relationship is sexual in nature; the frequen- 25 cy of interaction between the persons; and the duration of the relation- 26 ship. Neither a casual acquaintance nor ordinary fraternization between 27 two individuals in business or social contexts shall be deemed to 28 constitute an "intimate relationship"; and 29 (f) persons who are related by consanguinity or affinity to parties 30 who are or have been in an intimate relationship as defined in paragraph 31 (e) of this subdivision. 32 § 2. Subdivision 1 of section 812 of the family court act, as amended 33 by chapter 541 of the laws of 2024, is amended to read as follows: 34 1. Jurisdiction. The family court and the criminal courts shall have 35 concurrent jurisdiction over any proceeding concerning acts which would 36 constitute disorderly conduct, unlawful dissemination or publication of 37 an intimate image, harassment in the first degree, harassment in the 38 second degree, aggravated harassment in the second degree, sexual 39 misconduct, forcible touching, sexual abuse in the third degree, sexual 40 abuse in the second degree as set forth in subdivision one of section 41 130.60 of the penal law, stalking in the first degree, stalking in the 42 second degree, stalking in the third degree, stalking in the fourth 43 degree, criminal mischief, menacing in the second degree, menacing in 44 the third degree, reckless endangerment, criminal obstruction of breath- 45 ing or blood circulation, strangulation in the second degree, strangula- 46 tion in the first degree, assault in the second degree, assault in the 47 third degree, an attempted assault, identity theft in the first degree, 48 identity theft in the second degree, identity theft in the third degree, 49 grand larceny in the fourth degree, grand larceny in the third degree, 50 coercion in the second degree or coercion in the third degree as set 51 forth in subdivisions one, two and three of section 135.60 of the penal 52 law, rape in the third degree as set forth in section 130.25 of the 53 penal law, rape in the second degree as set forth in section 130.30 of 54 the penal law, rape in the first degree as set forth in section 130.35 55 of the penal law between spouses or former spouses, or between parent 56 and child or between members of the same family or household except that
S. 6147 3 1 if the respondent would not be criminally responsible by reason of age 2 pursuant to section 30.00 of the penal law, then the family court shall 3 have exclusive jurisdiction over such proceeding. Notwithstanding a 4 complainant's election to proceed in family court, the criminal court 5 shall not be divested of jurisdiction to hear a family offense proceed- 6 ing pursuant to this section. In any proceeding pursuant to this arti- 7 cle, a court shall not deny an order of protection, or dismiss a peti- 8 tion, solely on the basis that the acts or events alleged are not 9 relatively contemporaneous with the date of the petition, the conclusion 10 of the fact-finding or the conclusion of the dispositional hearing. For 11 purposes of this article, "disorderly conduct" includes disorderly 12 conduct not in a public place. For purposes of this article, "members of 13 the same family or household" shall mean the following: 14 (a) persons related by consanguinity or affinity; 15 (b) persons legally married to one another; 16 (c) persons formerly married to one another regardless of whether they 17 still reside in the same household; 18 (d) persons who have a child in common regardless of whether such 19 persons have been married or have lived together at any time; 20 (e) persons who are not related by consanguinity or affinity and who 21 are or have been in an intimate relationship regardless of whether such 22 persons have lived together at any time. Factors the court may consider 23 in determining whether a relationship is an "intimate relationship" 24 include but are not limited to: the nature or type of relationship, 25 regardless of whether the relationship is sexual in nature; the frequen- 26 cy of interaction between the persons; and the duration of the relation- 27 ship. Neither a casual acquaintance nor ordinary fraternization between 28 two individuals in business or social contexts shall be deemed to 29 constitute an "intimate relationship"; and 30 (f) persons who are related by consanguinity or affinity to parties 31 who are or have been in an intimate relationship as defined in paragraph 32 (e) of this subdivision. 33 § 3. This act shall take effect immediately.