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A10415 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        10415--A
 
                   IN ASSEMBLY
 
                                      May 29, 2012
                                       ___________
 
        Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary  --  reported  and  referred  to  the  Committee on Rules -- Rules
          Committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to the Committee on Rules
 
        AN  ACT to amend the family court act, in relation to probation in child

          support, juvenile delinquency, persons  in  need  of  supervision  and
          family offense proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 171 of the family court act is amended to  read  as
     2  follows:
     3    §  171.  Enforcement  or  modification of orders in other county.  [A]
     4  Except for proceedings for enforcement or modification of  an  order  of
     5  probation  in  cases  brought  under article three or seven of this act,
     6  which shall be subject to the terms of subdivision two  of  section  one
     7  hundred  seventy-six of this part, a lawful order of the family court in
     8  any county may be enforced or modified in that county or in  the  family

     9  court  in  any  other  county  in  which the party affected by the order
    10  resides or is found.
    11    § 2. Section 173 of the  family  court  act  is  amended  to  read  as
    12  follows:
    13    §  173.  Transfer  of  papers  to other county. If the family court in
    14  which an enforcement or modification proceeding is  brought  under  this
    15  article  does  not transfer it under section one hundred seventy-four of
    16  this part, it shall advise the family court that issued the order sought
    17  to be enforced or modified of the commencement of such  proceedings  and
    18  shall request that court to forward to it by electronic or other means a
    19  copy  of  all  or any of the papers [on which] with respect to the order
    20  [was based] sought to be enforced or modified. The requested court shall

    21  forthwith comply with the request.
    22    § 3. Section 175 of the  family  court  act  is  amended  to  read  as
    23  follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14890-03-2

        A. 10415--A                         2
 
     1    §  175.  Violation of probation in other county. [If] Except for cases
     2  brought under articles three and  seven  of  this  act  which  shall  be
     3  subject  to the terms of subdivision two of section one hundred seventy-
     4  six of this part, if an act or omission which constitutes a violation of
     5  the  terms  of probation allegedly occurs in a county other than the one

     6  in which the order of probation was made, the  family  court  in  either
     7  county  may hear the allegation of a violation of the terms of probation
     8  and proceed in accordance with the provisions of this act.
     9    § 4. Section 176 of the family court act, as amended by section  4  of
    10  subpart  C  of  part  C of chapter 97 of the laws of 2011, is amended to
    11  read as follows:
    12    § 176. Inter-county probation. 1. Transfer of  probation  supervision.
    13  Where a person placed on probation resides in another jurisdiction with-
    14  in  the  state at the time of the order of disposition, the family court
    15  which placed him or her on probation may, and, in the case of orders  of
    16  probation  issued under article three or seven of this act, shall trans-
    17  fer probation supervision to the probation department in  the  jurisdic-

    18  tion  in  which the person resides. Where, after a probation disposition
    19  is pronounced, a probationer [requests to reside in] relocates to anoth-
    20  er jurisdiction within the state, the family court which placed  him  or
    21  her  on probation may, [in its discretion, approve a change in residency
    22  and, upon approval,] and, in the case  of  orders  of  probation  issued
    23  under  article  three  or  seven  of  this act, shall transfer probation
    24  supervision to the probation department [serving] in the [county] juris-
    25  diction of the probationer's [proposed] new residence.  Upon  completion
    26  of  a  transfer  of probation supervision as authorized pursuant to this

    27  subdivision, the probation  department  in  the  receiving  jurisdiction
    28  shall  assume  all  powers and duties of the probation department in the
    29  jurisdiction of  the  family  court  which  placed  the  probationer  on
    30  probation.  Any  transfer  under  this subdivision must be in accordance
    31  with rules adopted by the  commissioner  of  the  division  of  criminal
    32  justice services.
    33    2.  [Upon  completion of a transfer as authorized pursuant to subdivi-
    34  sion one of this section, the family court within  the  jurisdiction  of
    35  the receiving probation department shall assume all powers and duties of
    36  the  family  court  which  placed the probationer on probation and shall
    37  have sole jurisdiction in the case. The family court  which  placed  the

    38  probationer  on  probation  shall  immediately  forward  its entire case
    39  record to the receiving court] For all cases brought under article three
    40  or seven of this act, where probation supervision has  been  transferred
    41  under subdivision one of this section, the family court in the receiving
    42  jurisdiction  shall  hear any proceedings to enforce or modify the order
    43  of probation, unless the receiving family court determines that there is
    44  good cause to return the proceeding to  the  sending  family  court  for
    45  adjudication,  in  which  case  the  proceeding shall be returned to the
    46  sending family court for adjudication.
    47    3. [Upon completion of a transfer as authorized pursuant  to  subdivi-

    48  sion  one  of  this  section,  the probation department in the receiving
    49  jurisdiction shall assume all powers and duties of the probation depart-
    50  ment in the jurisdiction of the family court which placed the probation-
    51  er on probation] For the purpose of this section,  "jurisdiction"  shall
    52  mean a county or the city of New York.
    53    § 5. This act shall take effect immediately.
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