S07446 Summary:

BILL NOS07446
 
SAME ASSAME AS A07680
 
SPONSORSALAZAR
 
COSPNSR
 
MLTSPNSR
 
Amd 1056, Fam Ct Act
 
Relates to orders of protection in child abuse and neglect proceedings in family court.
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S07446 Actions:

BILL NOS07446
 
05/26/2023REFERRED TO CHILDREN AND FAMILIES
05/30/2023COMMITTEE DISCHARGED AND COMMITTED TO RULES
05/30/2023ORDERED TO THIRD READING CAL.1439
06/06/2023PASSED SENATE
06/06/2023DELIVERED TO ASSEMBLY
06/06/2023referred to children and families
01/03/2024died in assembly
01/03/2024returned to senate
01/03/2024REFERRED TO CHILDREN AND FAMILIES
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S07446 Committee Votes:

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S07446 Floor Votes:

There are no votes for this bill in this legislative session.
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S07446 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7446
 
                               2023-2024 Regular Sessions
 
                    IN SENATE
 
                                      May 26, 2023
                                       ___________
 
        Introduced  by Sen. SALAZAR -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed 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

        S. 7446                             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.
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