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Assembly Bill A5430

2009-2010 Legislative Session

Authorizes probation officer to execute warrant for probation violation

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Archive: Last Bill Status - In Assembly Committee

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2009-A5430 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd ยง360.2, Fam Ct Act

2009-A5430 (ACTIVE) - Summary

Authorizes probation officers to execute a warrant for a violation of probation and take the alleged violator immediately to family court, or if the family court is not in session, to the appropriate detention facility.

2009-A5430 (ACTIVE) - Bill Text download pdf 

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

                                  5430

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced by M. of A. ERRIGO, CROUCH, FINCH -- Multi-Sponsored by -- M.
  of A. WALKER -- read once and referred to the Committee on Judiciary

AN  ACT  to  amend  the  family  court act, in relation to executions of
  warrants issued as a result of a petition for violation of probation

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

  Section  1. Subdivision 3 of section 360.2 of the family court act, as
added by chapter 920 of the laws of 1982, is amended to read as follows:
  3. The court must promptly take reasonable and appropriate  action  to
cause the respondent to appear before it for the purpose of enabling the
court  to  make  a  determination with respect to the alleged violation.
Such action may include the issuance of a summons under section 312.1 or
the issuance of a warrant under section 312.2. A  PROBATION  OFFICER  IS
AUTHORIZED  TO  EXECUTE SUCH WARRANT AND TAKE THE ALLEGED VIOLATOR IMME-
DIATELY TO THE FAMILY COURT OR IF THE FAMILY COURT IS NOT IN SESSION  TO
THE APPROPRIATE DETENTION FACILITY.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05817-01-9

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