Relates to the hours of operation for family courts; requires family courts in New York City to remain open until midnight on at least one weekday each week in at least two counties effective January 1, 2023, and in at least three counties, effective January 1, 2024.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A739C
SPONSOR: Rosenthal D TITLE OF BILL:
An act to amend the family court act, in relation to the hours of opera-
tion for family courts; and providing for the repeal of such provisions
upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create a pilot program for family court in New York City
to remain open until midnight one day a week for 3 boroughs.
SUMMARY OF PROVISIONS:
1. Section 1, Subdivision (a) of section 161 of the family court act is
amended so that the chief administrator of the courts shall require that
at least one night a week, two counties in the city of New York, effec-
tive January 1, 2023 shall remain open until midnight. Effective Janu-
ary 1, 2024, family court in three counties shall remain open until
midnight.
2. No later than December 1, 2024, the Chief administrator of the court
shall submit a report evaluating the use of family court in the counties
which had required the court to remain open until midnight.
3. Effective date
JUSTIFICATION:
The Family Court of the State of New York has the authority to decide
cases affecting the lives of children and families. Many of the courts
in New York City remain open in the evening and some are even open until
1:00am, but not Family Court. This often means issues involving families
and children are not addressed as quickly as they should be.
This is despite the fact that Family Court handles some of the most
vulnerable people who enter the justice system. Among the issues that
Family Court handles includes child abuse, neglect, domestic violence,
juvenile delinquency and child custody. Many of these cases need to be
handled in a timely fashion and this legislation addresses a great
disparity between Family Court and the other courts which operate in New
York City.
This legislation would create a pilot program for Family Court in New
York City to remain open until midnight one day per week in 3 counties.
It would also require a report be submitted to determine the effective-
ness of evening family court.
LEGISLATIVE HISTORY:
2020: A.10772 - Referred to Judiciary
FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
This act shall take effect immediately and shall expire April 1, 2025
STATE OF NEW YORK
________________________________________________________________________
739--C
2021-2022 Regular Sessions
IN ASSEMBLY(Prefiled)
January 6, 2021
___________
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the
Committee on Judiciary -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the family court act, in relation to the hours of opera-
tion for family courts; and providing for the repeal of such
provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (a) of section 161 of the family court act is
2 amended to read as follows:
3 (a) The days and hours the court is open shall be as provided by rule
4 of court; provided, that the chief administrator of the courts shall
5 require that the court remain open until midnight at least one night a
6 week in at least two counties in the city of New York, effective January
7 first, two thousand twenty-three, and in at least three counties in such
8 city, effective January first, two thousand twenty-four. When a court
9 remains open until midnight on a day as provided herein, the chief
10 administrator shall determine the classes of cases that may be heard in
11 such court after five o'clock p.m. and such classes of cases may be
12 heard by the court until midnight on such day; except that, where such
13 classes include cases in which petitions are filed pursuant to articles
14 three, six, eight, and ten of this act, the clerk of such court shall
15 accept such petitions until eleven o'clock p.m. on such day.
16 § 2. Not later than December 1, 2024, the chief administrator of the
17 courts shall submit to the legislature, the governor, and the chief
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05138-15-2
A. 739--C 2
1 judge of the state a report evaluating the use of family court in the
2 counties wherein the chief administrator, pursuant to subdivision (a) of
3 section 161 of the family court act, as amended pursuant to section one
4 of this act, has required that the court remain open until midnight.
5 § 3. This act shall take effect immediately and shall expire April 1,
6 2025 when upon such date the provisions of this act shall be deemed
7 repealed.
