Assembly Bill A10851

Signed By Governor
2009-2010 Legislative Session

Grants chief administrator of the courts authority to allow referees to determine certain applications to a family court for an order of protection; repealer

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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

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Bill Amendments

co-Sponsors

2009-A10851 - Details

Law Section:
Judiciary Law
Laws Affected:
Rpld & add §212 sub 2 ¶(n), Judy L

2009-A10851 - Summary

Grants the chief administrator of the courts the authority to allow referees to determine applications to a family court for an order of protection when such application is made ex parte or without the presence of all the parties except the applicant; specifies that such provisions shall only apply during those hours that the family court is in session and after 5:00 p.m.

2009-A10851 - Sponsor Memo

2009-A10851 - Bill Text download pdf 

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

                                  10851

                          I N  A S S E M B L Y

                             April 26, 2010
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the judiciary law, in relation  to  granting  the  chief
  administrator  of the courts the authority to allow referees to deter-
  mine applications for orders of protection  during  the  hours  family
  court  is  in  session;  to  repeal  paragraph (n) of subdivision 2 of
  section 212 of such law relating thereto; and providing for the repeal
  of such provision upon expiration thereof

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

  Section  1. Paragraph (n) of subdivision 2 of section 212 of the judi-
ciary law is REPEALED and a new  paragraph  (n)  is  added  to  read  as
follows:
  (N)  HAVE  THE  POWER  TO  AUTHORIZE  A COURT UNDER SUBDIVISION (B) OF
SECTION FORTY-THREE HUNDRED SEVENTEEN OF  THE  CIVIL  PRACTICE  LAW  AND
RULES  TO  ORDER A REFERENCE TO DETERMINE AN APPLICATION FOR AN ORDER OF
PROTECTION (INCLUDING A TEMPORARY ORDER OF PROTECTION) THAT, IN  ACCORD-
ANCE  WITH LAW, IS MADE EX PARTE OR WHERE ALL PARTIES BESIDES THE APPLI-
CANT DEFAULT IN APPEARANCE; PROVIDED, HOWEVER, THIS PARAGRAPH SHALL ONLY
APPLY TO APPLICATIONS BROUGHT IN FAMILY COURT DURING THE HOURS THAT  THE
COURT  IS IN SESSION. TRAINING ABOUT DOMESTIC VIOLENCE SHALL BE REQUIRED
FOR ALL PERSONS WHO ARE DESIGNATED TO SERVE AS REFERENCES AS PROVIDED IN
THIS PARAGRAPH.
  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, 2012.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17004-01-0

co-Sponsors

2009-A10851A (ACTIVE) - Details

Law Section:
Judiciary Law
Laws Affected:
Rpld & add §212 sub 2 ¶(n), Judy L

2009-A10851A (ACTIVE) - Summary

Grants the chief administrator of the courts the authority to allow referees to determine applications to a family court for an order of protection when such application is made ex parte or without the presence of all the parties except the applicant; specifies that such provisions shall only apply during those hours that the family court is in session and after 5:00 p.m.

2009-A10851A (ACTIVE) - Sponsor Memo

2009-A10851A (ACTIVE) - Bill Text download pdf 

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

                                10851--A
                                                        Cal. No. 875

                          I N  A S S E M B L Y

                             April 26, 2010
                               ___________

Introduced by M. of A. WEINSTEIN, D. WEPRIN -- read once and referred to
  the  Committee  on Judiciary -- reported from committee, advanced to a
  third reading, amended and ordered reprinted, retaining its  place  on
  the order of third reading

AN  ACT  to  amend  the judiciary law, in relation to granting the chief
  administrator of the courts the authority to allow referees to  deter-
  mine  applications  for  orders  of protection during the hours family
  court is in session; to repeal  paragraph  (n)  of  subdivision  2  of
  section 212 of such law relating thereto; and providing for the repeal
  of such provision upon expiration thereof

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

  Section 1. Paragraph (n) of subdivision 2 of section 212 of the  judi-
ciary  law  is  REPEALED  and  a  new  paragraph (n) is added to read as
follows:
  (N) HAVE THE POWER TO AUTHORIZE  A  COURT  UNDER  SUBDIVISION  (B)  OF
SECTION  FORTY-THREE  HUNDRED  SEVENTEEN  OF  THE CIVIL PRACTICE LAW AND
RULES TO ORDER A REFERENCE TO DETERMINE AN APPLICATION FOR AN  ORDER  OF
PROTECTION  (INCLUDING A TEMPORARY ORDER OF PROTECTION) THAT, IN ACCORD-
ANCE WITH LAW, IS MADE EX PARTE OR WHERE ALL PARTIES BESIDES THE  APPLI-
CANT DEFAULT IN APPEARANCE; PROVIDED, HOWEVER, THIS PARAGRAPH SHALL ONLY
APPLY  TO APPLICATIONS BROUGHT IN FAMILY COURT DURING THE HOURS THAT THE
COURT IS IN SESSION, AND AFTER FIVE O'CLOCK P.M. TRAINING ABOUT DOMESTIC
VIOLENCE SHALL BE REQUIRED FOR ALL PERSONS WHO ARE DESIGNATED  TO  SERVE
AS REFERENCES AS PROVIDED IN THIS PARAGRAPH.
  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, 2012.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17004-02-0

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