Assembly Bill A10415

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

                                10415--A

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary  --  reported  and  referred  to  the  Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

AN  ACT to amend the family court act, in relation to probation in child
  support, juvenile delinquency, persons  in  need  of  supervision  and
  family offense proceedings

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

  Section 1. Section 171 of the family court act is amended to  read  as
follows:
  S  171.  Enforcement  or  modification of orders in other county.  [A]
EXCEPT FOR PROCEEDINGS FOR ENFORCEMENT OR MODIFICATION OF  AN  ORDER  OF
PROBATION  IN  CASES  BROUGHT  UNDER ARTICLE THREE OR SEVEN OF THIS ACT,
WHICH SHALL BE SUBJECT TO THE TERMS OF SUBDIVISION TWO  OF  SECTION  ONE
HUNDRED  SEVENTY-SIX OF THIS PART, A lawful order of the family court in
any county may be enforced or modified in that county or in  the  family
court  in  any  other  county  in  which the party affected by the order
resides or is found.
  S 2. Section 173 of the  family  court  act  is  amended  to  read  as
follows:
  S  173.  Transfer  of  papers  to other county. If the family court in
which an enforcement or modification proceeding is  brought  under  this
article  does  not transfer it under section one hundred seventy-four OF
THIS PART, it shall advise the family court that issued the order sought
to be enforced or modified of the commencement of such  proceedings  and
shall request that court to forward to it BY ELECTRONIC OR OTHER MEANS a
copy  of  all  or any of the papers [on which] WITH RESPECT TO the order
[was based] SOUGHT TO BE ENFORCED OR MODIFIED. The requested court shall
forthwith comply with the request.
  S 3. Section 175 of the  family  court  act  is  amended  to  read  as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14890-03-2
              

A. 10415--A                         2

  S  175.  Violation of probation in other county. [If] EXCEPT FOR CASES
BROUGHT UNDER ARTICLES THREE AND  SEVEN  OF  THIS  ACT  WHICH  SHALL  BE
SUBJECT  TO THE TERMS OF SUBDIVISION TWO OF SECTION ONE HUNDRED SEVENTY-
SIX OF THIS PART, IF an act or omission which constitutes a violation of
the  terms  of probation allegedly occurs in a county other than the one
in which the order of probation was made, the  family  court  in  either
county  may hear the allegation of a violation of the terms of probation
and proceed in accordance with the provisions of this act.
  S 4. Section 176 of the family court act, as amended by section  4  of
subpart  C  of  part  C of chapter 97 of the laws of 2011, is amended to
read as follows:
  S 176. Inter-county probation. 1. TRANSFER OF  PROBATION  SUPERVISION.
Where a person placed on probation resides in another jurisdiction with-
in  the  state at the time of the order of disposition, the family court
which placed him or her on probation MAY, AND, IN THE CASE OF ORDERS  OF
PROBATION  ISSUED UNDER ARTICLE THREE OR SEVEN OF THIS ACT, shall trans-
fer PROBATION supervision to the probation department in  the  jurisdic-
tion  in  which the person resides. Where, after a probation disposition
is pronounced, a probationer [requests to reside in] RELOCATES TO anoth-
er jurisdiction within the state, the family court which placed  him  or
her  on probation may, [in its discretion, approve a change in residency
and, upon approval,] AND, IN THE CASE  OF  ORDERS  OF  PROBATION  ISSUED
UNDER  ARTICLE  THREE  OR  SEVEN  OF  THIS ACT, shall transfer PROBATION
supervision to the probation department [serving] IN the [county] JURIS-
DICTION of the probationer's [proposed] new residence.  UPON  COMPLETION
OF  A  TRANSFER  OF PROBATION SUPERVISION AS AUTHORIZED PURSUANT TO THIS
SUBDIVISION, THE PROBATION  DEPARTMENT  IN  THE  RECEIVING  JURISDICTION
SHALL  ASSUME  ALL  POWERS AND DUTIES OF THE PROBATION DEPARTMENT IN THE
JURISDICTION OF  THE  FAMILY  COURT  WHICH  PLACED  THE  PROBATIONER  ON
PROBATION.  Any  transfer  under  this subdivision must be in accordance
with rules adopted by the  commissioner  of  the  division  of  criminal
justice services.
  2.  [Upon  completion of a transfer as authorized pursuant to subdivi-
sion one of this section, the family court within  the  jurisdiction  of
the receiving probation department shall assume all powers and duties of
the  family  court  which  placed the probationer on probation and shall
have sole jurisdiction in the case. The family court  which  placed  the
probationer  on  probation  shall  immediately  forward  its entire case
record to the receiving court] FOR ALL CASES BROUGHT UNDER ARTICLE THREE
OR SEVEN OF THIS ACT, WHERE PROBATION SUPERVISION HAS  BEEN  TRANSFERRED
UNDER SUBDIVISION ONE OF THIS SECTION, THE FAMILY COURT IN THE RECEIVING
JURISDICTION  SHALL  HEAR ANY PROCEEDINGS TO ENFORCE OR MODIFY THE ORDER
OF PROBATION, UNLESS THE RECEIVING FAMILY COURT DETERMINES THAT THERE IS
GOOD CAUSE TO RETURN THE PROCEEDING TO  THE  SENDING  FAMILY  COURT  FOR
ADJUDICATION,  IN  WHICH  CASE  THE  PROCEEDING SHALL BE RETURNED TO THE
SENDING FAMILY COURT FOR ADJUDICATION.
  3. [Upon completion of a transfer as authorized pursuant  to  subdivi-
sion  one  of  this  section,  the probation department in the receiving
jurisdiction shall assume all powers and duties of the probation depart-
ment in the jurisdiction of the family court which placed the probation-
er on probation] FOR THE PURPOSE OF THIS SECTION,  "JURISDICTION"  SHALL
MEAN A COUNTY OR THE CITY OF NEW YORK.
  S 5. This act shall take effect immediately.