New York Senate Bill S06147

New York 2025-2026 Regular Session

• Introduced: 3/5/25
• Refer: 3/5/25
• Refer: 1/7/26

Caption

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

Summary

This bill amends the Criminal Procedure Law and the Family Court Act to add rape in the third degree, rape in the second degree, and rape in the first degree to the list of offenses that can be treated as “family offenses” when committed between spouses or former spouses, between parent and child, or between members of the same family or household. As a result, these rape offenses would fall within the concurrent jurisdiction of Family Court and criminal court in the same way that other domestic-violence-related offenses already do. The bill also preserves existing rules about who qualifies as a family or household member, including people in intimate relationships and certain relatives of those individuals. It keeps the exception for respondents who are not criminally responsible because of age, in which case Family Court has exclusive jurisdiction. In the Family Court Act section, the bill retains the rule that a court may not deny an order of protection or dismiss a petition solely because the alleged acts were not relatively contemporaneous with the petition or hearing.

Impact

If enacted, the bill would expand the statutory family-offense framework in both the Criminal Procedure Law and the Family Court Act to explicitly include all three degrees of rape. This would give survivors in qualifying domestic or household relationships access to family offense proceedings and related protective remedies, while also allowing criminal courts to retain jurisdiction. The change would affect sections 530.11 of the Criminal Procedure Law and 812 of the Family Court Act, broadening the list of offenses that can support orders of protection and related family-court relief in intimate-partner and family violence cases.

Sentiment

The bill’s stated purpose suggests a protective, survivor-centered approach, and its introduction indicates an effort to close a gap in domestic-violence law by recognizing rape as a family offense when committed within qualifying relationships. No committee transcript or vote record is available here, so there is no documented floor or committee debate to measure broader legislative sentiment. Based on the text alone, the measure appears aimed at strengthening legal remedies for victims rather than creating new criminal penalties.

Contention

The main policy issue is whether rape offenses should be handled within the family-offense framework alongside other domestic violence crimes. Supporters are likely to view the bill as necessary to ensure that survivors of sexual violence in intimate or family relationships can seek family-court protection and have their abuse recognized as domestic violence. Potential concerns may come from those worried about overlap between family court and criminal court jurisdiction, the handling of serious felony-level conduct in family court-related proceedings, or how the expanded definition could affect case processing and protective-order practice. No recorded opposition or negotiated amendments are provided in the available materials.