S T A T E O F N E W Y O R K
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
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.