Authorizes probation officers to execute a warrant for a violation of probation and take the alleged violator immediately to family court, or if the family court is not in session, to the appropriate detention facility.
STATE OF NEW YORK
________________________________________________________________________
5430
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. ERRIGO, CROUCH, FINCH -- Multi-Sponsored by -- M.
of A. WALKER -- read once and referred to the Committee on Judiciary
AN ACT to amend the family court act, in relation to executions of
warrants issued as a result of a petition for violation of probation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 360.2 of the family court act, as
2 added by chapter 920 of the laws of 1982, is amended to read as follows:
3 3. The court must promptly take reasonable and appropriate action to
4 cause the respondent to appear before it for the purpose of enabling the
5 court to make a determination with respect to the alleged violation.
6 Such action may include the issuance of a summons under section 312.1 or
7 the issuance of a warrant under section 312.2. A probation officer is
8 authorized to execute such warrant and take the alleged violator imme-
9 diately to the family court or if the family court is not in session to
10 the appropriate detention facility.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05817-01-9