senate Bill S4674A

Makes the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts permanent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Apr / 2011
    • REFERRED TO JUDICIARY
  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO JUDICIARY
  • 05 / Jan / 2012
    • PRINT NUMBER 4674A

Summary

Makes the judicial hearing officer pilot program in the family courts of the seventh and eighth judicial districts for ordering a reference to determine an application for an order of protection or temporary order of protection in certain cases permanent.

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Bill Details

Versions:
S4674
S4674A
Legislative Cycle:
2011-2012
Current Committee:
Senate Judiciary
Law Section:
Judiciary
Laws Affected:
Amd ยง2, Chap 219 of 2002
Versions Introduced in 2009-2010 Legislative Cycle:
S3271

Sponsor Memo

BILL NUMBER:S4674A

TITLE OF BILL:
An act
to amend chapter 219 of the
laws of 2002 amending the judiciary law relating to the judicial hearing
officer pilot program and the powers of the chief administrator of the
courts, in relation to making the provisions of such chapter permanent

PURPOSE OR GENERAL IDEA OF BILL:
This legislation makes permanent the
Judicial Hearing Officer pilot program established by Chapter 219 of
the Laws of 2002 in the family courts of the seventh and eighth
districts in the Fourth Judicial Department to issue certain orders
of protection and authorizes the addition of referees.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of this measure makes
Chapter 219 of the Laws of 2002 permanent.

JUSTIFICATION:
This legislation makes permanent the judicial hearing
officer pilot program which provides much needed resources to the
family courts of Monroe and Erie counties, Chapter 219 of the Laws of
2002 authorized a judicial hearing officer pilot project to ease a
severe crisis in judicial resources in seventh and eighth districts
and improve domestic violence victims' access to the court The
judicial hearing officers in the pilot program have provided the
additional resources necessary to be sure that domestic violence
cases are heard without delay which can be dangerous, even deadly for
victims and their children. In the annual report to the legislature
and the governor, the Chief Administrative Judge said that the
judicial hearing officers treated petitioners and their ex parte
applications for orders of protection as family court judges would.
That is, justice was timely and appropriate and affirmed by the final
disposition of the case Furthermore, lawyers, the judiciary and
criminal justice all have reacted well to the pilot program.

Monroe and Erie counties continue to see a high volume of cases which,
without the judicial hearing officer program, would overwhelm court
resources. This legislation therefore makes the program permanent.
The bill also includes referees appointed by the court. In Monroe
County judicial hearing officer's are few and becoming fewer as they
leave due to age. Referees, like the judicial hearing officers in the
pilot program, will be trained about domestic violence and certified
by the presiding justice. They can provide qualified, experienced and
much needed resources for domestic violence in the family courts.

PRIOR LEGISLATIVE HISTORY:
S.7262 of 2007/2008
S.3271 of 2009/2010

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:


This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4674--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 14, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend chapter 219 of the laws of 2002 amending  the  judiciary
  law  relating  to  the  judicial hearing officer pilot program and the
  powers of the chief administrator of the courts, in relation to making
  the provisions of such chapter permanent

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

  Section 1.  Section 2 of chapter 219 of the laws of 2002, amending the
judiciary  law  relating  to the judicial hearing officer pilot  program
and the powers of the chief administrator of the courts, as  amended  by
chapter 34 of the laws of 2011, is amended to read as follows:
  S 2. This act shall take effect immediately [and shall expire 12 years
after  its  effective date, when, upon such date, the provisions of this
act shall be deemed repealed].
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00492-02-1

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