Assembly Bill A1230

2009-2010 Legislative Session

Authorizes the paddling of juvenile delinquents thirteen years of age or older and youthful offenders found to have committed acts of graffiti

download bill text pdf

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Archive: Last 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

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2009-A1230 (ACTIVE) - Details

Law Section:
Family Court Act
Laws Affected:
Amd §352.2, Fam Ct Act; add §60.14, Pen L

2009-A1230 (ACTIVE) - Summary

Authorizes the paddling of juvenile delinquents thirteen years of age or older and youthful offenders found to have committed acts of graffiti; paddling shall be administered by parent or guardian; if parent or guardian refuses or in court's opinion fails to administer a satisfactory paddling court may order appropriate court officer to administer paddling; paddling shall be administered in courtroom or other suitable location as determined by the court.

2009-A1230 (ACTIVE) - Bill Text download pdf 

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

                                  1230

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
  Committee on Codes

AN ACT to amend the family court act and the penal law, in  relation  to
  authorizing the use of paddling as punishment for juvenile delinquents
  and youthful offenders found to have committed an act of graffiti

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

  Section 1. Section 352.2 of the family court act is amended by  adding
a new subdivision 1-a to read as follows:
  1-A.  (A)  IN ADDITION TO ANY OTHER DISPOSITION AUTHORIZED PURSUANT TO
THIS SECTION, THE COURT MAY ORDER THE PADDLING OF ANY  RESPONDENT  THIR-
TEEN  YEARS  OF  AGE  OR  OLDER FOUND TO HAVE COMMITTED ACTS WHICH WOULD
CONSTITUTE THE OFFENSE OF MAKING GRAFFITI, AS DEFINED IN SECTION  145.60
OF  THE  PENAL  LAW. THE COURT, IN ORDERING SUCH PADDLING SHALL CONSIDER
THE AGE, CONDITION AND DISPOSITION OF THE RESPONDENT AND  ALL  ATTENDING
AND  SURROUNDING CIRCUMSTANCES IN DETERMINING WHETHER AND TO WHAT EXTENT
PADDLING SHALL BE ORDERED. PADDLING, IF ORDERED, SHALL  BE  ADMINISTERED
IN EITHER THE COURTROOM OR SUCH OTHER SUITABLE LOCATION AS DETERMINED BY
THE  COURT AT A TIME SET BY THE COURT NO LESS THAN SEVENTY-TWO HOURS NOR
MORE THAN FOURTEEN DAYS AFTER THE DISPOSITIONAL HEARING. PADDLING  SHALL
BE  ADMINISTERED BY A PARENT OR GUARDIAN OF THE RESPONDENT.  HOWEVER, IF
A PARENT OR GUARDIAN REFUSES TO ADMINISTER THE PADDLING, OR IF THE COURT
DETERMINES THE PARENT OR GUARDIAN FAILED TO  ADMINISTER  A  SATISFACTORY
PADDLING, THE COURT MAY ORDER AN APPROPRIATE COURT OFFICER TO ADMINISTER
THE PADDLING.
  (B) FOR THE PURPOSE OF THIS SUBDIVISION:
  (I)  A "PADDLE" SHALL BE MADE OF HARDWOOD THAT IS THREE-QUARTERS OF AN
INCH THICK. THE HANDLE OF SUCH PADDLE SHALL BE SIX INCHES LONG  AND  ONE
AND  ONE-QUARTER  INCHES  WIDE. THE PADDLE AREA SHALL BE EIGHTEEN INCHES
LONG AND SIX INCHES WIDE;

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

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