New York State Assembly

 
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A06545 Summary:

A06545 Actions:

A06545 Committee Votes:

Committee:CHILDREN AND FAMILIES   Chair:Hevesi      
DATE:04/18/2023AYE/NAY:17/0  Action: Favorable refer to committee Codes        
Hevesi
Aye
Byrnes
Aye
Davila
Aye
Flood
Aye
Vanel
Aye
Maher
Aye
Jean-Pierre
Aye
McGowan
Aye
Darling
Aye
Pirozzolo
Aye
Anderson
Aye
Clark
Aye
Lunsford
Aye
Meeks
Aye
Gonzalez-Rojas
Aye
Mitaynes
Aye
Chandler-Waterm
Aye

Committee:CODES   Chair:Dinowitz      
DATE:04/25/2023AYE/NAY:20/0  Action: Favorable         
Dinowitz
Aye
Morinello
Aye
Pretlow
Aye
Reilly
Aye
Cook
Aye
Mikulin
Aye
O'Donnell
Excused
Tannousis
Aye
Lavine
Aye
Curran
Aye
Weprin
Aye
Angelino
Aye
Hevesi
Aye
Flood
Aye
Seawright
Excused
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Carroll
Aye
Simon
Aye
Epstein
Aye

A06545 Floor Votes:

A06545 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6545
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 14, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Children
          and Families
 
        AN ACT to  amend  the  family  court  act,  in  relation  to  orders  of
          protection  expiration  dates  and  permissible  duration of temporary
          orders of protection in juvenile delinquency cases in family court
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 154-c of the family court act, as
     2  added by chapter 186 of the laws of 1997, is amended to read as follows:
     3    1. Expiration dates. Any order of protection  or  temporary  order  of
     4  protection  issued  under  articles three, four, five, six [and], seven,
     5  eight, ten and ten-A of this act shall plainly state the date that  such
     6  order expires.
     7    §  2. Subdivision 4 of section 304.2 of the family court act, as added
     8  by chapter 683 of the laws of 1984, is amended to read as follows:
     9    (4) A temporary order of  protection  issued  or  extended  after  the
    10  filing of a petition under this article shall contain an expiration date
    11  and may remain in effect until an order of disposition is entered.
    12    a.  A  temporary  order  of protection issued prior to the filing of a
    13  petition under this article may remain in effect for an  initial  period
    14  of  up to thirty days and may be extended by the court for an additional
    15  period of up to thirty days upon good cause  or,  where  the  juvenile's
    16  case  is being adjusted pursuant to section 308.1 of this article, for a
    17  period coinciding with such adjustment.   If the  juvenile  successfully
    18  completes adjustment prior to the expiration of the order, the probation
    19  service, presentment agency or attorney for the child may move to vacate
    20  such temporary order of protection upon such successful completion.
    21    b.  A  temporary  order of protection issued under this section may be
    22  extended for one additional period of up to thirty days upon  a  finding
    23  by  the  court  of  a  compelling  reason.  Where  the case is not being
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09756-02-3
        A. 6545                             2
 
     1  adjusted or where efforts to adjust the case have been terminated unsuc-
     2  cessfully, the court must also determine whether the presentment  agency
     3  has  made  diligent efforts to file the petition and the reasons for any
     4  delay.
     5    c. Any application for an extension of a temporary order of protection
     6  under this section shall be on notice to the juvenile, who shall have an
     7  opportunity  to  be  heard and shall have a right to counsel pursuant to
     8  section two hundred forty-nine of this act.
     9    § 3. This act shall take effect immediately.