New York State Assembly

 
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A07680 Summary:

A07680 Actions:

A07680 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Hevesi      
DATE:03/19/2024AYE/NAY:16/0  Action: Favorable refer to committee Codes        
Hevesi
Aye
Byrnes
Aye
Davila
Aye
Flood
Aye
Vanel
Aye
Maher
Aye
Jean-Pierre
Excused
McGowan
Aye
Darling
Aye
Pirozzolo
Aye
Anderson
Aye
Clark
Aye
Lunsford
Aye
Meeks
Aye
Gonzalez-Rojas
Aye
Mitaynes
Aye
Chandler-Waterm
Aye

Committee:CODES   Chair:Dinowitz      
DATE:05/07/2024AYE/NAY:21/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
Lavine
Aye
Tannousis
Aye
Weprin
Aye
Curran
Aye
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Flood
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Excused
Simon
Aye
Epstein
Aye
Bores
Aye

A07680 Floor Votes:

A07680 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7680
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 5, 2023
                                       ___________
 
        Introduced  by  M.  of  A. McMAHON -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families
 
        AN ACT to  amend  the  family  court  act,  in  relation  to  orders  of
          protection in child abuse and neglect proceedings in family court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of subdivision 1 of section  1056  of
     2  the  family court act, as amended by chapter 526 of the laws of 2013, is
     3  amended to read as follows:
     4    The court may [make] issue an order of protection in assistance or  as
     5  a  condition  of  any  other  order  made under this part. Such order of
     6  protection shall remain in effect concurrently  with,  shall  expire  no
     7  later  than  the  expiration  date  of, and may be extended concurrently
     8  with, such other order made under  this  part,  except  as  provided  in
     9  subdivision  four  and  subdivision four-a of this section. The order of
    10  protection may  set  forth  reasonable  conditions  of  behavior  to  be
    11  observed for a specified time by a person who is before the court and is
    12  a  parent  or  a  person legally responsible for the child's care or the
    13  spouse of the parent or other person legally responsible for the child's
    14  care, or both. Such an order may require any such person:
    15    § 2. Section 1056 of the family court act is amended by adding  a  new
    16  subdivision 4-a to read as follows:
    17    4-a.  The  court may issue an order of protection against a person who
    18  was a member of the child's household or a person legally responsible as
    19  defined in section one thousand twelve of this article and who is not  a
    20  parent  of  the  child, independently of any other order made under this
    21  part which may contain any provision authorized under subdivision one of
    22  this section. Such order of protection issued  under  this  section  may
    23  remain  in effect for a period of up to two years or, if the court finds
    24  special circumstances, a period of up to five  years.  For  purposes  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08978-01-3
        A. 7680                             2
 
     1  this  section,  "special  circumstances"  shall  mean physical injury or
     2  serious physical injury caused by the respondent to the protected person
     3  or persons or any minor child, the use of a dangerous instrument by  the
     4  respondent against the protected person or persons or any minor child, a
     5  history  of  violations of orders of protection by the respondent, prior
     6  convictions for crimes against the protected  person  or  persons  or  a
     7  minor  child  by the respondent or the exposure by the respondent of the
     8  protected person or persons or a minor child or any family or  household
     9  member  to physical injury or acts constituting a sex offense as defined
    10  in subdivision (e) of section one thousand twelve of  this  article  and
    11  like  incidents, behaviors and occurrences which to the court constitute
    12  an immediate and ongoing danger to the protected person or persons or  a
    13  minor  child or any family or household member. Such order of protection
    14  may be extended independently or concurrently  with,  any  order  issued
    15  under this article or article ten-A of this chapter. Such order shall be
    16  subject  to  annual  review,  modification or vacatur by the court, upon
    17  motion by any party as provided herein. The total period of  such  order
    18  shall be no more than two years, or if there was a special circumstances
    19  finding, five years from the date of the initial order.
    20    §  3.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law.