S07589 Summary:

BILL NOS07589A
 
SAME ASSAME AS A10415-A
 
SPONSORSAVINO
 
COSPNSRHASSELL-THOMPSON
 
MLTSPNSR
 
Amd SS171, 173, 175 & 176, Fam Ct Act
 
Relates to probation in child support, delinquency, persons in need of supervision and family offense proceedings.
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S07589 Actions:

BILL NOS07589A
 
06/05/2012REFERRED TO RULES
06/08/2012AMEND AND RECOMMIT TO RULES
06/08/2012PRINT NUMBER 7589A
06/19/2012ORDERED TO THIRD READING CAL.1318
06/19/2012SUBSTITUTED BY A10415A
 A10415 AMEND=A Weinstein
 05/29/2012referred to judiciary
 06/05/2012reported referred to codes
 06/12/2012reported referred to rules
 06/13/2012amend and recommit to rules 10415a
 06/14/2012reported
 06/14/2012rules report cal.262
 06/14/2012ordered to third reading rules cal.262
 06/18/2012passed assembly
 06/18/2012delivered to senate
 06/18/2012REFERRED TO RULES
 06/19/2012SUBSTITUTED FOR S7589A
 06/19/20123RD READING CAL.1318
 06/19/2012PASSED SENATE
 06/19/2012RETURNED TO ASSEMBLY
 09/21/2012delivered to governor
 10/03/2012signed chap.470
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S07589 Floor Votes:

There are no votes for this bill in this legislative session.
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S07589 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7589--A
 
                    IN SENATE
 
                                      June 5, 2012
                                       ___________
 
        Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
          tration)  --  read  twice  and ordered printed, and when printed to be
          committed to the Committee on  Rules  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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.
                                                                   LBD14890-04-2

        S. 7589--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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