Provides for modification or vacating of dispositional orders of the family court in juvenile delinquency proceedings in accordance with the criminal procedure law; eliminates a provision authorizing a new fact-finding hearing without the necessity of a substantial change of circumstances.
STATE OF NEW YORK
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4332
2009-2010 Regular Sessions
IN ASSEMBLY
February 3, 2009
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Introduced by M. of A. V. LOPEZ, COLTON, SCHIMEL -- Multi-Sponsored by
-- M. of A. BROOK-KRASNY, GLICK, REILLY -- read once and referred to
the Committee on Children and Families
AN ACT to amend the family court act, in relation to staying, modifying
or terminating certain orders in juvenile delinquency proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 355.1 of the family court act is amended by adding
2 two new subdivisions 4 and 5 to read as follows:
3 4. At any time after the entry of a finding under section 352.1 the
4 court may, upon motion of the respondent, vacate such finding in accord-
5 ance with section 440.10 of the criminal procedure law.
6 5. At any time after the entry of a dispositional order under section
7 352.2 the court may:
8 (a) upon motion of the respondent vacate such disposition in accord-
9 ance with section 440.20 of the criminal procedure law; or
10 (b) upon motion of the presentment agency set aside such disposition
11 in accordance with section 440.40 of the criminal procedure law.
12 § 2. Subdivision 1 of section 355.1 of the family court act, as
13 amended by chapter 398 of the laws of 1983, is amended to read as
14 follows:
15 1. Upon a showing of a substantial change of circumstances, the court
16 may on its own motion or on motion of the respondent or his parent or
17 person responsible for his care:
18 (a) grant a new [fact-finding or] dispositional hearing; or
19 (b) stay execution of, set aside, modify, terminate or vacate any
20 order issued in the course of a proceeding under this article.
21 § 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06442-01-9
