Grants the chief administrator of the courts the authority to allow referees to determine applications to a family court for an order of protection when such application is made ex parte or without the presence of all the parties except the applicant; specifies that such provisions shall only apply during those hours that the family court is in session and after 5:00 p.m.
STATE OF NEW YORK
________________________________________________________________________
8013
IN SENATE
May 28, 2010
___________
Introduced by Sen. SAMPSON -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to granting the chief
administrator of the courts the authority to allow referees to deter-
mine applications for orders of protection during the hours family
court is in session; to repeal paragraph (n) of subdivision 2 of
section 212 of such law relating thereto; and providing for the repeal
of such provision upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (n) of subdivision 2 of section 212 of the judi-
2 ciary law is REPEALED and a new paragraph (n) is added to read as
3 follows:
4 (n) Have the power to authorize a court under subdivision (b) of
5 section forty-three hundred seventeen of the civil practice law and
6 rules to order a reference to determine an application for an order of
7 protection (including a temporary order of protection) that, in accord-
8 ance with law, is made ex parte or where all parties besides the appli-
9 cant default in appearance; provided, however, this paragraph shall only
10 apply to applications brought in family court during the hours that the
11 court is in session, and after five o'clock p.m. Training about domestic
12 violence shall be required for all persons who are designated to serve
13 as references as provided in this paragraph.
14 § 2. This act shall take effect immediately; provided that paragraph
15 (n) of subdivision 2 of section 212 of the judiciary law, as added by
16 section one of this act, shall expire and be deemed repealed September
17 1, 2012.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17004-03-0
