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Judiciary: May 15, 2012

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Active List: May 31, 2012 , Floor Calendar: May 16, 2012 , Floor Calendar: May 21, 2012 , Floor Calendar: May 22, 2012 , Floor Calendar: May 23, 2012 , Floor Calendar: May 30, 2012 , Floor Calendar: May 31, 2012

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Memo

BILL NUMBER:S6624

TITLE OF BILL: An act to amend chapter 363 of the laws of 2010, amending the judiciary law, relating to granting the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session, in relation to the expiration date thereof

PURPOSE OF BILL: Extends for two additional years, the current ability of referees to determine applications for orders of protection when family court is in session at any time the court is in session during or after established business hours.

SUMMARY OF PROVISIONS OF BILL: Extends the expiration date of paragraph (n) of subdivision 2 of section 212 of the judiciary law that relates to the current authority of referees in family court to determine ex parte orders of protection or orders of protection issued upon default of the respondent.

JUSTIFICATION: This legislation extends for an additional two years, the current authority of Referees in family court to adjudicate petitions for orders of protection requested ex parte and those issued on default at any time the court is in session. Referees making these determinations are required to receive domestic violence training.

LEGISLATIVE HISTORY: New bill, 2012.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.

EFFECTIVE DATE: Immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

6624

IN SENATE

March 6, 2012
___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend chapter 363 of the laws of 2010, amending the  judiciary
  law,  relating  to  granting the chief administrator of the courts the
  authority to allow referees to determine applications  for  orders  of
  protection during the hours family court is in session, in relation to
  the expiration date thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of chapter 363 of the laws of 2010  amending  the
judiciary  law,  relating  to  granting  the  chief administrator of the
courts the authority to allow referees  to  determine  applications  for
orders  of  protection  during  the hours family court is in session, is
amended to read as follows:
  S 2. This act shall take effect immediately; provided  that  paragraph
(n)  of  subdivision  2 of section 212 of the judiciary law, as added by
section one of this act, shall expire and be deemed  repealed  September
1, [2012] 2014.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14733-02-2