Assembly Bill A5398

2011-2012 Legislative Session

Authorizes references for orders of protection to judicial hearing officers or referees at any time and requires training about domestic violence for them

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5398 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A390
2013-2014: A650
2015-2016: A2639
2017-2018: A2311

2011-A5398 (ACTIVE) - Summary

Authorizes the chief administrator of the courts to authorize courts to order references for orders of protection to judicial hearing officers or referees at any time; requires training about domestic violence for such judicial hearing officers or referees.

2011-A5398 (ACTIVE) - Bill Text download pdf 

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

                                  5398

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced by M. of A. BRONSON, SCHROEDER -- Multi-Sponsored by -- M. of
  A. BOYLAND -- read once and referred to the Committee on Judiciary

AN ACT to amend the judiciary law, in relation to authorizing references
  for orders of protection to judicial hearing officers or referees

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

  Section 1. Paragraph (n) of subdivision 2 of section 212 of the  judi-
ciary  law,  as  added by chapter 363 of the laws of 2010, is amended to
read as follows:
  (n) Have the power to authorize  a  court  under  subdivision  (b)  of
section  forty-three  hundred  seventeen  of  the civil practice law and
rules to order a reference TO A JUDICIAL HEARING OFFICER OR  REFEREE  to
determine  an application for an order of protection (including a tempo-
rary order of protection) that, in accordance with law, is made ex parte
or where all  parties  besides  the  applicant  default  in  appearance;
provided,  however,  this  paragraph  shall  only  apply to applications
brought in family court during the hours that the court is  in  session,
and  after  five  o'clock p.m. Training about domestic violence shall be
required for ALL JUDICIAL HEARING OFFICERS AND REFEREES  AND  all  OTHER
persons  who  are  designated to serve as references as provided in this
paragraph.
  S 2. This act shall take effect immediately; provided that the  amend-
ments  to paragraph (n) of subdivision 2 of section 212 of the judiciary
law made by section one of this act shall not affect the repeal of  such
paragraph and shall be deemed repealed therewith.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08159-01-1

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