Assembly Bill A1320

2023-2024 Legislative Session

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court; repealer

download bill text pdf

Sponsored By

Current Bill Status - Stricken


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2023-A1320 (ACTIVE) - Details

See Senate Version of this Bill:
S2120
Law Section:
Family Court Act
Laws Affected:
Rpld §§331.1 - 331.7, amd Fam Ct Act, generally; amd §325, Judy L
Versions Introduced in Other Legislative Sessions:
2019-2020: A8085
2021-2022: A4952, S4554

2023-A1320 (ACTIVE) - Summary

Relates to the discovery provisions applicable to juvenile delinquency proceedings in family court with regard to the timing of discovery, disclosure prior to certain guilty pleas, DNA evidence, court orders, and the admissibility of discovery.

2023-A1320 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1320
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced by M. of A. JOYNER -- read once and referred to the Committee
   on Children and Families
 
 AN  ACT to amend the family court act and the judiciary law, in relation
   to  the  discovery  provisions  applicable  to  juvenile   delinquency
   proceedings  in  family court; and to repeal certain provisions of the
   family court act relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Sections 331.1, 331.2, 331.3, 331.4, 331.5, 331.6 and 331.7
 of the family court act are REPEALED.
   §  2.  The family court act is amended by adding thirteen new sections
 331.1, 331.2, 331.3, 331.4, 331.5, 331.6, 331.7, 331.8,  331.9,  331.10,
 331.11, 331.12 and 331.13 to read as follows:
   §  331.1.  INITIAL  APPEARANCE.  1.  DISCLOSURE.  AT  THE RESPONDENT'S
 INITIAL APPEARANCE, AS DEFINED IN SECTION 320.1 OF THIS ARTICLE, IF  THE
 COURT  DIRECTS  DETENTION PURSUANT TO SUBDIVISION THREE OF SECTION 320.5
 OF THIS ARTICLE, THE PRESENTMENT AGENCY SHALL FORTHWITH DISCLOSE TO  THE
 RESPONDENT, AND PERMIT THE RESPONDENT TO DISCOVER, INSPECT, COPY, PHOTO-
 GRAPH  AND  TEST,  ALL ITEMS AND INFORMATION SET FORTH IN PARAGRAPHS (A)
 THROUGH (U) OF SUBDIVISION ONE OF SECTION 331.3 OF THIS  PART  THAT  ARE
 WITHIN  THE  PRESENTMENT  AGENCY'S POSSESSION AT THE TIME OF THE INITIAL
 APPEARANCE. IF THE COURT DOES  NOT  DIRECT  DETENTION,  THE  PRESENTMENT
 AGENCY SHALL DISCLOSE TO THE RESPONDENT:
   (A)  ANY  POLICE  OR  OTHER LAW ENFORCEMENT AGENCY REPORTS AND WRITTEN
 WITNESS STATEMENTS  RELATING  TO  THE  JUVENILE  DELINQUENCY  PROCEEDING
 AGAINST   THE  RESPONDENT  THAT  ARE  WITHIN  THE  PRESENTMENT  AGENCY'S
 POSSESSION AT THAT TIME;
   (B)  ELECTRONIC  RECORDINGS  RELATING  TO  THE  JUVENILE   DELINQUENCY
 PROCEEDING  AGAINST THE RESPONDENT THAT ARE WITHIN THE PRESENTMENT AGEN-
 CY'S POSSESSION AT THAT TIME, IN ACCORDANCE WITH PARAGRAPH (G) OF SUBDI-
 VISION ONE OF SECTION 331.3 OF THIS PART; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05294-01-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.