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NY S00405
Bill
Status
1/5/2011
Primary Sponsor
Velmanette Montgomery
Click for details
AI Summary
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Amends Family Court Act Section 812 and Criminal Procedure Law Section 530.11 to require family offenses committed by children under 18 against parents or guardians be addressed under Article Seven (Juvenile Delinquency) rather than Article Eight (Family Offenses)
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Maintains concurrent jurisdiction between family and criminal courts for family offense proceedings, except when the respondent would not be criminally responsible due to age under Penal Law Section 30.00
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Specifies that family offenses include disorderly conduct, harassment, sexual abuse, stalking, assault, strangulation, menacing, and criminal mischief when committed between spouses, parent-child, or family/household members
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Prohibits courts from denying orders of protection or dismissing petitions based solely on timing differences between alleged acts and petition filing or hearing dates
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Takes effect 90 days after enactment and applies to petitions filed on or after the effective date
Legislative Description
Requires the prosecution of juveniles who commit family offenses against his or her parent or legal guardian under article seven of the family court act, rather than article eight of such act.
Last Action
REFERRED TO CHILDREN AND FAMILIES
1/5/2011