Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to children and families |
Feb 18, 2011 |
referred to children and families |
Assembly Bill A5444
2011-2012 Legislative Session
Sponsored By
LOPEZ V
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
Actions
co-Sponsors
William Colton
Michelle Schimel
multi-Sponsors
Alec Brook-Krasny
Deborah Glick
Robert Reilly
2011-A5444 (ACTIVE) - Details
2011-A5444 (ACTIVE) - Summary
Provides for modification or vacating of dispositional orders of the family court in juvenile delinquency proceedings in accordance with the criminal procedure law; eliminates a provision authorizing a new fact-finding hearing without the necessity of a substantial change of circumstances.
2011-A5444 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5444 2011-2012 Regular Sessions I N A S S E M B L Y February 18, 2011 ___________ Introduced by M. of A. V. LOPEZ, COLTON, SCHIMEL -- Multi-Sponsored by -- M. of A. BROOK-KRASNY, GLICK, REILLY -- read once and referred to the Committee on Children and Families AN ACT to amend the family court act, in relation to staying, modifying or terminating certain orders in juvenile delinquency proceedings THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 355.1 of the family court act is amended by adding two new subdivisions 4 and 5 to read as follows: 4. AT ANY TIME AFTER THE ENTRY OF A FINDING UNDER SECTION 352.1 THE COURT MAY, UPON MOTION OF THE RESPONDENT, VACATE SUCH FINDING IN ACCORD- ANCE WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW. 5. AT ANY TIME AFTER THE ENTRY OF A DISPOSITIONAL ORDER UNDER SECTION 352.2 THE COURT MAY: (A) UPON MOTION OF THE RESPONDENT VACATE SUCH DISPOSITION IN ACCORD- ANCE WITH SECTION 440.20 OF THE CRIMINAL PROCEDURE LAW; OR (B) UPON MOTION OF THE PRESENTMENT AGENCY SET ASIDE SUCH DISPOSITION IN ACCORDANCE WITH SECTION 440.40 OF THE CRIMINAL PROCEDURE LAW. S 2. Subdivision 1 of section 355.1 of the family court act, as amended by chapter 398 of the laws of 1983, is amended to read as follows: 1. Upon a showing of a substantial change of circumstances, the court may on its own motion or on motion of the respondent or his parent or person responsible for his care: (a) grant a new [fact-finding or] dispositional hearing; or (b) stay execution of, set aside, modify, terminate or vacate any order issued in the course of a proceeding under this article. S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06668-01-1
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