Extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7661
SPONSOR: Wallace TITLE OF BILL:
An act to amend chapter 363 of the laws of 2010, amending the judiciary
law relating to granting the chief administrator of the courts the
authority to allow referees to determine applications for orders of
protection during the hours family court is in session, in relation to
the expiration thereof
PURPOSE OF BILL:
Extends expiration of provisions of judiciary law authorizing referees
to determine applications for order of protection while family court is
in session.
SUMMARY OF PROVISION OF BILL:
Section one of the bill will extend for two years Section one of Chapter
48 of the Laws of 2016 which concerns the authority of referees in fami-
ly court to adjudicate petitions for orders of protection requested ex
parte and those issued on default at any time the court is in session.
JUSTIFICATION:
This authorization is currently due to expire on September 1, 2023.
LEGISLATIVE HISTORY:
Chapter 303 of 2021 (A.8019)
Chapter 58 of 2020 (Part XXX, Subpart B, Item WW)
Chapter 161 of 2018.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7661
2023-2024 Regular Sessions
IN ASSEMBLY
May 31, 2023
___________
Introduced by M. of A. WALLACE -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend chapter 363 of the laws of 2010, amending the judiciary
law relating to granting the chief administrator of the courts the
authority to allow referees to determine applications for orders of
protection during the hours family court is in session, in relation to
the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of chapter 363 of the laws of 2010, amending the
2 judiciary law relating to granting the chief administrator of the courts
3 the authority to allow referees to determine applications for orders of
4 protection during the hours family court is in session, as amended by
5 chapter 303 of the laws of 2021, is amended to read as follows:
6 § 2. This act shall take effect immediately; provided that paragraph
7 (n) of subdivision 2 of section 212 of the judiciary law, as added by
8 section one of this act, shall expire and be deemed repealed September
9 1, [2023] 2025.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11503-01-3
