| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to children and families |
| Apr 02, 2009 |
referred to children and families |
Senate Bill S3871
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
Actions
2009-S3871 (ACTIVE) - Details
- Current Committee:
- Senate Children And Families
- Law Section:
- Family Court Act
- Laws Affected:
- Amd ยง352.3, Fam Ct Act
2009-S3871 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3871
TITLE OF BILL :
An act to amend the family court act, in relation to orders of
protection in juvenile delinquency proceedings
This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Family
Court Advisory and Rules Committee.
In 1998, sections 530.12 and 530.13 of the Criminal Procedure Law were
amended to authorize issuance of orders of protection to protect
designated witnesses in criminal proceedings. However, no comparable
provision was added to the juvenile delinquency article of the Family
Court Act. Without an explicit provision or incorporation by reference
of the criminal provision, it is inapplicable to juvenile delinquency
proceedings, even though those cases are quasi-criminal in nature and
may involve similar needs to protect witnesses.
Without an explicit provision authorizing an order of protection to
protect witnesses, Family Court is constrained only to protect the
complainant, producing an anomalous result not at all justified by any
differences between the criminal and juvenile justice systems.
Section 303.1(1) of the Family Court Act prohibits application of the
Criminal Procedure Law unless "specifically prescribed" by the Family
2009-S3871 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
3871
2009-2010 Regular Sessions
I N S E N A T E
April 2, 2009
___________
Introduced by Sen. MONTGOMERY -- (at request of the Office of Court
Administration) -- read twice and ordered printed, and when printed to
be committed to the Committee on Children and Families
AN ACT to amend the family court act, in relation to orders of
protection in juvenile delinquency proceedings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 352.3 of the family court act, as
amended by chapter 532 of the laws of 2008, is amended to read as
follows:
(1) Upon the issuance of an order pursuant to section 315.3 or the
entry of an order of disposition pursuant to section 352.2, a court may
enter an order of protection against any respondent for good cause
shown. The order may require that the respondent: (a) stay away from the
home, school, business or place of employment of the victims of, OR
DESIGNATED WITNESSES TO, the alleged offense AS SHALL BE SPECIFICALLY
NAMED BY THE COURT IN ITS ORDER; or (b) refrain from harassing, intim-
idating, threatening or otherwise interfering with the victim or victims
of, OR DESIGNATED WITNESSES TO, the alleged offense and such members of
the family or household of such victim or victims OR OF DESIGNATED
WITNESSES as shall be specifically named by the court in such order; or
(c) refrain from intentionally injuring or killing, without justifica-
tion, any companion animal the respondent knows to be owned, possessed,
leased, kept or held by the person protected by the order or a minor
child residing in such person's household. "Companion animal", as used
in this subdivision, shall have the same meaning as in subdivision five
of section three hundred fifty of the agriculture and markets law.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10368-01-9
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