2008 Expanded Access Legislation - Text of the Law
(Printer-friendly/pdf format)
LAWS OF NEW YORK, 2008
CHAPTER 326
AN ACT to amend the family court act, the criminal procedure law and the
judiciary law, in relation to orders of protection and the definition
of "members of the same family or household"; to direct the office for
the prevention of domestic violence to develop curricula relating
thereto; and providing for the repeal of certain provisions upon the
expiration thereof
Became a law July 21, 2008, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
Section 1. The second undesignated paragraph of section 446 of the
family court act, as added by chapter 948 of the laws of 1984, is
amended to read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 2. The closing paragraph of section 550 of the family court act, as
added by chapter 948 of the laws of 1984, is amended to read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 3. The closing paragraph of section 551 of the family court act, as
added by chapter 948 of the laws of 1984, is amended to read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 4. The closing paragraph of section 655 of the family court act, as
added by chapter 948 of the laws of 1984, is amended to read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 5. The second undesignated paragraph of section 656 of the family
court act, as added by chapter 948 of the laws of 1984, is amended to
read as follows:
EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.
CHAP. 326 2
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 6. The closing paragraph of section 759 of the family court act, as
added by chapter 948 of the laws of 1984, is amended to read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this act.
§ 7. Subdivision 1 of section 812 of the family court act, as amended
by chapter 222 of the laws of 1994, the opening paragraph as amended by
chapter 541 of the laws of 2007, is amended to read as follows:
1. Jurisdiction. The family court and the criminal courts shall have
concurrent jurisdiction over any proceeding concerning acts which would
constitute disorderly conduct, harassment in the first degree, harass-
ment in the second degree, aggravated harassment in the second degree,
stalking in the first degree, stalking in the second degree, stalking in
the third degree, stalking in the fourth degree, criminal mischief,
menacing in the second degree, menacing in the third degree, reckless
endangerment, assault in the second degree, assault in the third degree
or an attempted assault between spouses or former spouses, or between
parent and child or between members of the same family or household
except that if the respondent would not be criminally responsible by
reason of age pursuant to section 30.00 of the penal law, then the fami-
ly court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal court shall not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. For purposes of this arti-
cle, "disorderly conduct" includes disorderly conduct not in a public
place. For purposes of this article, "members of the same family or
household" shall mean the following:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they
still reside in the same household; [and]
(d) persons who have a child in common regardless of whether such
persons have been married or have lived together at any time[.]; and
(e) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
persons have lived together at any time. Factors the court may consider
in determining whether a relationship is an "intimate relationship"
include but are not limited to: the nature or type of relationship,
regardless of whether the relationship is sexual in nature; the frequen-
cy of interaction between the persons; and the duration of the relation-
ship. Neither a casual acquaintance nor ordinary fraternization between
two individuals in business or social contexts shall be deemed to
constitute an "intimate relationship".
§ 8. The closing paragraph of section 841 of the family court act, as
amended by chapter 706 of the laws of 1988, is amended to read as
follows:
3 CHAP. 326
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this article.
§ 9. The fifth undesignated paragraph of section 842 of the family
court act, as added by chapter 222 of the laws of 1994, is amended to
read as follows:
Notwithstanding the foregoing provisions, an order of protection, or
temporary order of protection where applicable, may be entered against a
former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section eight hundred twelve of this article.
§ 10. Subdivision 3 of section 1056 of the family court act, as
amended by chapter 220 of the laws of 1989, is amended to read as
follows:
3. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection where applicable, may be entered
against a former spouse and persons who have a child in common, regard-
less of whether such persons have been married or have lived together at
any time, or against a member of the same family or household as defined
in subdivision one of section eight hundred twelve of this act.
§ 11. Subdivision 1 of section 530.11 of the criminal procedure law,
as amended by chapter 222 of the laws of 1994, the opening paragraph as
amended by chapter 541 of the laws of 2007, is amended to read as
follows:
1. Jurisdiction. The family court and the criminal courts shall have
concurrent jurisdiction over any proceeding concerning acts which would
constitute disorderly conduct, harassment in the first degree, harass-
ment in the second degree, aggravated harassment in the second degree,
stalking in the first degree, stalking in the second degree, stalking in
the third degree, stalking in the fourth degree, criminal mischief,
menacing in the second degree, menacing in the third degree, reckless
endangerment, assault in the second degree, assault in the third degree
or an attempted assault between spouses or former spouses, or between
parent and child or between members of the same family or household
except that if the respondent would not be criminally responsible by
reason of age pursuant to section 30.00 of the penal law, then the fami-
ly court shall have exclusive jurisdiction over such proceeding.
Notwithstanding a complainant's election to proceed in family court, the
criminal court shall not be divested of jurisdiction to hear a family
offense proceeding pursuant to this section. For purposes of this
section, "disorderly conduct" includes disorderly conduct not in a
public place. For purposes of this section, "members of the same family
or household" with respect to a proceeding in the criminal courts shall
mean the following:
(a) persons related by consanguinity or affinity;
(b) persons legally married to one another;
(c) persons formerly married to one another regardless of whether they
still reside in the same household; [and]
(d) persons who have a child in common, regardless of whether such
persons have been married or have lived together at any time[.]; and
(e) persons who are not related by consanguinity or affinity and who
are or have been in an intimate relationship regardless of whether such
CHAP. 326 4
persons have lived together at any time. Factors the court may consider
in determining whether a relationship is an "intimate relationship"
include but are not limited to: the nature or type of relationship,
regardless of whether the relationship is sexual in nature; the frequen-
cy of interaction between the persons; and the duration of the relation-
ship. Neither a casual acquaintance nor ordinary fraternization between
two individuals in business or social contexts shall be deemed to
constitute an "intimate relationship".
§ 12. Subdivision 13 of section 530.12 of the criminal procedure law,
as added by chapter 948 of the laws of 1984, is amended to read as
follows:
13. Notwithstanding the foregoing provisions, an order of protection,
or temporary order of protection when applicable, may be entered against
a former spouse and persons who have a child in common, regardless of
whether such persons have been married or have lived together at any
time, or against a member of the same family or household as defined in
subdivision one of section 530.11 of this article.
§ 13. Paragraph (n) of subdivision 2 of section 212 of the judiciary
law, as amended by chapter 563 of the laws of 2005, is amended to read
as follows:
(n) Have the power to authorize a court under subdivision (b) of
section forty-three hundred seventeen of the civil practice law and
rules to order a reference to determine an application for an order of
protection (including a temporary order of protection) that, in accord-
ance with law, is made ex parte or where all parties besides the appli-
cant default in appearance; provided, however, this paragraph shall only
apply to applications brought in family court during the hours that the
court is in session, and after five o'clock p.m. Training about domestic
violence shall be required for all persons who are designated to serve
as references as provided in this paragraph.
§ 14. The state office for the prevention of domestic violence shall,
within amounts made available by appropriation, develop curricula and
make available training to judges of the family and criminal courts,
including local justice courts and district courts, and including judi-
cial hearing officers and referees, and to prosecuting attorneys and
veteran municipal police officers regarding implementation of the
provisions of article 8 of the family court act, subdivisions 4 and 5 of
section 140.10 and sections 530.11 and 530.12 of the criminal procedure
law, and other amendments enacted by this act, in addition to such other
and further information deemed relevant and necessary to protect the
citizens of the state from domestic violence, including but not limited
to the necessity for timely service of orders of protection and family
offense arrest warrants.
§ 15. The state office for the prevention of domestic violence in
cooperation with and based upon data available to the state division of
criminal justice services shall consider any effect upon police prac-
tices resulting from this act.
The office and the division shall make a report to the legislature and
the governor, within three years of the effective date of this act.
§ 16. This act shall take effect immediately and shall apply to orders
of protection pending or entered on or after such effective date, except
that section fourteen of this act shall expire and be deemed repealed
September 1, 2010; provided that the amendments to paragraph (n) of
subdivision 2 of section 212 of the judiciary law, made by section thir-
teen of this act, shall not affect the expiration and repeal of such
paragraph and shall be deemed repealed therewith.
5 CHAP. 326
The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.
JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly
Return to Expanded Access Intro Page
