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Assembly Bill A390

2009-2010 Legislative Session

Authorizes references for orders of protection to judicial hearing officers or referees at any time and requires training about domestic violence for them

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Archive: Last Bill Status - In Assembly Committee

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2009-A390 (ACTIVE) - Details

See Senate Version of this Bill:
S5033
Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd ยง212, Judy L
Versions Introduced in Other Legislative Sessions:
2011-2012: A5398
2013-2014: A650
2015-2016: A2639
2017-2018: A2311

2009-A390 (ACTIVE) - Summary

Authorizes the chief administrator of the courts to authorize courts to order references for orders of protection to judicial hearing officers or referees at any time; requires training about domestic violence for such judicial hearing officers or referees.

2009-A390 (ACTIVE) - Bill Text download pdf 

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

                                   390

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

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

AN ACT to amend the judiciary law, in relation to authorizing references
  for orders of protection to judicial hearing officers or referees

  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, as amended by chapter 326 of the laws of 2008, is amended  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 A JUDICIAL HEARING OFFICER OR REFEREE to
determine an application for an order of protection (including a  tempo-
rary order of protection) that, in accordance with law, is made ex parte
or  where  all  parties  besides  the  applicant  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  JUDICIAL HEARING OFFICERS AND REFEREES AND all OTHER
persons who are designated to serve as references as  provided  in  this
paragraph.
  S  2. This act shall take effect immediately; provided that the amend-
ments to paragraph (n) of subdivision 2 of section 212 of the  judiciary
law  made by section one of this act shall not affect the repeal of such
paragraph, as provided by section 2 of chapter 340 of the laws of  2001,
as amended, and shall be deemed repealed therewith.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02605-01-9

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