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A00739 Summary:

BILL NOA00739C
 
SAME ASSAME AS S03683-D
 
SPONSORRosenthal D
 
COSPNSR
 
MLTSPNSR
 
Amd §161, Fam Ct Act
 
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.
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A00739 Actions:

BILL NOA00739C
 
01/06/2021referred to judiciary
05/14/2021amend and recommit to judiciary
05/14/2021print number 739a
06/02/2021amend (t) and recommit to judiciary
06/02/2021print number 739b
01/05/2022referred to judiciary
05/12/2022amend and recommit to judiciary
05/12/2022print number 739c
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A00739 Memo:

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
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A00739 Text:



 
                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.
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