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Assembly Bill A4332

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 Assembly Committee

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2009-A4332 (ACTIVE) - Details

See Senate Version of this Bill:
S4347
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยง355.1, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A5444, S3287
2013-2014: A2210

2009-A4332 (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-A4332 (ACTIVE) - Bill Text download pdf 

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

                                  4332

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2009
                               ___________

Introduced  by  M. of A. V. LOPEZ, COLTON, SCHIMEL -- Multi-Sponsored by
  -- M. of A.  BROOK-KRASNY, GLICK, REILLY -- read once and referred  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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