Modifies the definition of disorderly conduct for family offense proceedings to not require an intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, but merely an intent to cause annoyance or alarm, or recklessly creating a risk thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6291
SPONSOR: Steck TITLE OF BILL:
An act to amend the family court act and the criminal procedure law, in
relation to disorderly conduct
PURPOSE:
The purpose of this bill is to extend the protection of New York's
domestic violence statutes to all victims by eliminating the requirement
that such violence be perpetrated with an intent to cause public annoy-
ance.
SUMMARY OF PROVISIONS:
The bill amends the opening paragraph of subdivision 1 of section 812 of
the family court act, as separately amended by chapter 109 of the laws
of 2019, to provide that, for purposes of this article, "disorderly
conduct" does not require an intent to cause public inconvenience,
annoyance or alarm but merely an intent to cause inconvenience, annoy-
ance, or alarm.
JUSTIFICATION:
The purpose of New York's Family Offense laws is to protect people from
domestic violence. Unfortunately, a recent appellate decision (Cassie v.
Cassie, 969 N.Y.S.2d 537(Second Dept., 2013)) requires such acts to
occur with intent to cause public inconvenience, annoyance and alarm.
This subverts the intent of the law to protect people who suffer from
domestic violence which occurs commonly without any "public" intent.
This bill corrects that mistake, and extends the protection of New
York's domestic violence statutes to all victims of domestic violence,
whether perpetrated in public, within the confines of the home, or
anywhere.
The Cassie case has been cited 55 times in appellate decisions and four-
teen times dealing with the need for public intent in family offense
petitions. Most recently in 2018, the Second Department dismissed a
disorderly conduct family offense case against a man who was physically
violent toward a woman. The court ruled against the woman seeking an
Order Protection because of no public intent in the act by the man.
(Saquipay v. Puzhi, 160 A.D. 3d 879 (2nd Dept., 2018).
In New York State, over 310,000 Order of Protection were issued in 2016
and last year over 60,000 Family Offense petitions were filed in Family
Court, according to the NYS Unified Court System Annual Report 2018.
FISCAL IMPACT:
None
LEGISLATIVE HISTORY:
2019/20: A8766 referred to judiciary
2021/22: A365 referred to judiciary
EFFECTIVE DATE:
Immediately
