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Assembly Bill A5431

2009-2010 Legislative Session

Allows the detention of a minor in a secure detention facility under certain circumstances

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Archive: Last Bill Status - In Assembly Committee

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2009-A5431 (ACTIVE) - Details

Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd ยงยง720 & 780, Fam Ct Act

2009-A5431 (ACTIVE) - Summary

Allows the detention of a minor in a secure detention facility if the minor has violated a valid court order or failed to comply with an order of protection.

2009-A5431 (ACTIVE) - Bill Text download pdf 

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

                                  5431

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of A. ERRIGO, GIGLIO, KOLB, TOBACCO, FINCH -- Multi-
  Sponsored by -- M. of A.  BARCLAY, BURLING, CALHOUN, CROUCH, MILLER --
  read once and referred to the Committee on Children and Families

AN ACT to amend the family  court  act,  in  relation  to  allowing  the
  detention  of  a  minor  in  a secure detention facility under certain
  circumstances

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

  Section  1.  Subdivision  2 of section 720 of the family court act, as
amended by chapter 419 of the laws  of  1987,  is  amended  to  read  as
follows:
  2.  The  detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article UNLESS THE CHILD
HAS VIOLATED A VALID COURT ORDER, IN WHICH CASE THE CHILD MAY BE  PLACED
IN  A  SECURE  FACILITY FOR A TERM NOT TO EXCEED FIVE DAYS FOR THE FIRST
OFFENSE AND NOT TO EXCEED  FIFTEEN  DAYS  FOR  A  SECOND  OR  SUBSEQUENT
OFFENSE.
  S  2.  Section 780 of the family court act, as added by chapter 809 of
the laws of 1963, is amended to read as follows:
  S 780. Failure to comply with order of protection.  If any  person  is
brought before the court for failure to comply with the terms and condi-
tions  of  an order of protection properly issued under this article and
applicable to him and if, after  hearing,  the  court  is  satisfied  by
competent  proof  that  that  person without just cause failed to comply
with such terms and conditions, the court may modify or revoke the order
of protection, or commit said  person,  if  he  willfully  violated  the
order,  to  jail  for  a term not to exceed six months, or both. IF SUCH
PERSON IS A MINOR, THE MINOR MAY BE PLACED IN A SECURE  FACILITY  FOR  A
TERM  NOT  TO  EXCEED  FIVE DAYS FOR THE FIRST OFFENSE AND NOT TO EXCEED
FIFTEEN DAYS FOR A SECOND OR SUBSEQUENT OFFENSE. The court  may  suspend

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05815-01-9

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