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A10415 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                       10415--A

                                 I N  A S S E M B L Y

                                     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    S  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    S 2. Section 173 of the  family  court  act  is  amended  to  read  as
   12  follows:
   13    S  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    S 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    S  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    S 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    S 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    S 5. This act shall take effect immediately.
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