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A07601 Summary:

Amd §312.2, Fam Ct Act
Relates to the execution of warrants in juvenile delinquency cases when family courts are closed.
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A07601 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                      May 18, 2021
        Introduced  by  M.  of  A. DARLING -- (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  execution  of
          warrants in juvenile delinquency cases when family courts are closed

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 312.2 of the family court act is amended by  adding
     2  a new subdivision 3 to read as follows:
     3    3.  A juvenile who is arrested pursuant to a warrant issued under this
     4  section must forthwith and with all reasonable speed be  taken  directly
     5  to  the family court located in the county in which the warrant had been
     6  issued, or, when the family court is not in session, to the most  acces-
     7  sible  magistrate,  if  any, designated by the appellate division of the
     8  supreme court in the applicable department. If  a  juvenile  is  brought
     9  before an accessible magistrate, the magistrate shall set a date for the
    10  juvenile  to  appear  in  the  family  court  in the county in which the
    11  warrant had been issued, which shall be no later than the next  day  the
    12  court is in session if the magistrate orders the juvenile to be detained
    13  and  within  ten  court days if the magistrate orders the juvenile to be
    14  released. In determining whether the juvenile should be  released,  with
    15  or  without  conditions,  or  detained,  the  magistrate shall apply the
    16  criterion and issue the findings required by section 320.5 of this arti-
    17  cle. The magistrate shall transmit its order to the family court  forth-
    18  with.
    19    §  2.  This  act  shall take effect on the sixtieth day after it shall
    20  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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