Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 08, 2010 |
reported and committed to codes |
Jan 06, 2010 |
referred to children and families |
Apr 22, 2009 |
referred to children and families |
Senate Bill S4347
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2009-S4347 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4332
- Current Committee:
- Senate Codes
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §355.1, Fam Ct Act
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3287, A5444
2013-2014: A2210
2009-S4347 (ACTIVE) - Summary
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.
2009-S4347 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4347 TITLE OF BILL : An act to amend the family court act, in relation to staying, modifying or terminating certain orders in juvenile delinquency proceedings SUMMARY : This bill would add new subdivisions four and five to Family Court Act 355.1. In addition, it would grant Family Court judges the statutory authority to stay, modify or terminate certain orders made in juvenile delinquent proceedings. This authority would parallel existing provisions which grant such authority to judges in adult criminal proceedings. JUSTIFICATION : Family Court Act 355.1 is currently the only section which addresses post-dispositional motions in juvenile delinquency proceedings. As such, it represents the exclusive Family Court statutory vehicle for challenging errors which are not discovered until the disposition has been completed and the time to appeal has elapsed. Although the Family Court may grant a new fact-finding or dispositional hearing under existing law, the prerequisite of a "substantial change of circumstances" cannot be met when the respondent's motion is predicted solely upon a legal defect in the original proceeding. For example,
2009-S4347 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4347 2009-2010 Regular Sessions I N S E N A T E April 22, 2009 ___________ Introduced by Sen. KRUGER -- read twice and ordered printed, and when printed to be committed 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: Section 1. Section 355.1 of the family court act is amended by adding two new subdivisions 4 and 5 to read as follows: 4. AT ANY TIME AFTER THE ENTRY OF A FINDING UNDER SECTION 352.1 THE COURT MAY, UPON MOTION OF THE RESPONDENT, VACATE SUCH FINDING IN ACCORD- ANCE WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW. 5. AT ANY TIME AFTER THE ENTRY OF A DISPOSITIONAL ORDER UNDER SECTION 352.2 THE COURT MAY: (A) UPON MOTION OF THE RESPONDENT VACATE SUCH DISPOSITION IN ACCORD- ANCE WITH SECTION 440.20 OF THE CRIMINAL PROCEDURE LAW; OR (B) UPON MOTION OF THE PRESENTMENT AGENCY SET ASIDE SUCH DISPOSITION IN ACCORDANCE WITH SECTION 440.40 OF THE CRIMINAL PROCEDURE LAW. S 2. Subdivision 1 of section 355.1 of the family court act, as amended by chapter 398 of the laws of 1983, is amended to read as follows: 1. Upon a showing of a substantial change of circumstances, the court may on its own motion or on motion of the respondent or his parent or person responsible for his care: (a) grant a new [fact-finding or] dispositional hearing; or (b) stay execution of, set aside, modify, terminate or vacate any order issued in the course of a proceeding under this article. S 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
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