New York S 6147: Relates to including rape in the third degree, rape in the second degree and rape in the first degree as family offenses

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S06147 Summary:

BILL NOS06147 

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SAME ASNo Same As

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §530.11, CP L; amd §812, Fam Ct Act

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Includes rape in the third degree, rape in the second degree and rape in the first degree as family offenses.

Go to top S06147 Actions:

BILL NOS06147 

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03/05/2025REFERRED TO CHILDREN AND FAMILIES

01/07/2026REFERRED TO CHILDREN AND FAMILIES

Go to topS06147 Committee&nbspVotes:

Go to topS06147 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06147 Text:

 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 re