Bill S7301-2013

Extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection

Extends the chief administrator of the courts' authority to allow referees to determine certain applications to a family court for an order of protection.

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  • May 9, 2014: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S7301

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: 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: 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, 2014.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 7301 IN SENATE May 9, 2014 ___________
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, as amended by chapter 137 of the laws of 2012, 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, [2014] 2016. S 2. This act shall take effect immediately.

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