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Senate Bill S4347

2009-2010 Legislative Session

Provides for the time of staying, modifying or terminating family court orders in juvenile delinquency proceedings

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S4347 (ACTIVE) - Details

See Assembly Version of this Bill:
A4332
Current Committee:
Senate Codes
Law Section:
Family Court Act
Laws Affected:
Amd ยง355.1, 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

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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