senate Bill S4050B

Vetoed By Governor
2011-2012 Legislative Session

Relates to warrants and orders of protection in persons in need of supervision cases

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Sponsored By

Archive: Last Bill Status Via A7599 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (20)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 23, 2011 tabled
vetoed memo.65
Sep 12, 2011 delivered to governor
Jun 22, 2011 returned to assembly
passed senate
3rd reading cal.300
substituted for s4050b
Jun 22, 2011 substituted by a7599b
Jun 20, 2011 amended on third reading 4050b
Jun 14, 2011 amended on third reading 4050a
vote reconsidered - restored to third reading
Jun 14, 2011 returned to senate
recalled from assembly
May 02, 2011 referred to children and families
delivered to assembly
passed senate
Apr 06, 2011 advanced to third reading
Apr 05, 2011 2nd report cal.
Apr 04, 2011 1st report cal.300
Mar 15, 2011 referred to children and families

Votes

view votes

Apr 4, 2011 - Children and Families committee Vote

S4050
5
0
committee
5
Aye
0
Nay
0
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 4, 2011

absent (1)

S4050 - Details

See Assembly Version of this Bill:
A7599B
Law Section:
Family Court Act
Laws Affected:
Amd §§735 & 742, Fam Ct Act

S4050 - Summary

Relates to warrants and orders of protection in persons in need of supervision cases.

S4050 - Sponsor Memo

S4050 - Bill Text download pdf

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

                                  4050

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
  istration)  --  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 warrants and orders
  of protection in persons in need of supervision cases

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

  Section 1. Subdivisions (g) and (h) of section 735 of the family court
act,  as added by section 7 of part E of chapter 57 of the laws of 2005,
are amended to read as follows:
  (g) (i) The designated lead agency shall promptly give written  notice
to the potential petitioner whenever attempts to prevent the filing of a
petition  have  terminated,  and  shall  indicate in such notice whether
efforts were successful. The  notice  shall  also  detail  the  diligent
attempts  made  to divert the case if a determination has been made that
there is no substantial likelihood that  the  youth  will  benefit  from
further  attempts.  No  persons  in  need of supervision petition may be
filed pursuant to this article during the  period  the  designated  lead
agency is providing diversion services. A finding by the designated lead
agency  that  the  case  has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been  success-
fully  resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion  services  have
been  terminated  because  of  the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
  (ii) [The] EXCEPT AS PROVIDED IN PARAGRAPH (III) OF THIS  SUBDIVISION,
THE clerk of the court shall accept a petition for filing only if it has
attached thereto the following NOTICES:
  (A)  if the potential petitioner is the parent or other person legally
responsible for the youth, a notice  from  the  designated  lead  agency
indicating  there  is no bar to the filing of the petition as the poten-
tial petitioner consented to  and  actively  participated  in  diversion
services; and

S4050A - Details

See Assembly Version of this Bill:
A7599B
Law Section:
Family Court Act
Laws Affected:
Amd §§735 & 742, Fam Ct Act

S4050A - Summary

Relates to warrants and orders of protection in persons in need of supervision cases.

S4050A - Sponsor Memo

S4050A - Bill Text download pdf

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

                                 4050--A
    Cal. No. 300

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the family court act, in relation to warrants and orders
  of protection in persons in need of supervision cases

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

  Section 1. Subdivisions (g) and (h) of section 735 of the family court
act, as added by section 7 of part E of chapter 57 of the laws of  2005,
are amended to read as follows:
  (g)  (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall  indicate  in  such  notice  whether
efforts  were  successful.  The  notice  shall  also detail the diligent
attempts made to divert the case if a determination has been  made  that
there  is  no  substantial  likelihood  that the youth will benefit from
further attempts. No persons in need  of  supervision  petition  may  be
filed  pursuant  to  this  article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been  successfully  diverted  shall  constitute
presumptive  evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual  allegations.
No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have
been terminated because of the failure of the  parent  or  other  person
legally responsible for the youth to consent to or actively participate.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09516-04-1

S4050B (ACTIVE) - Details

See Assembly Version of this Bill:
A7599B
Law Section:
Family Court Act
Laws Affected:
Amd §§735 & 742, Fam Ct Act

S4050B (ACTIVE) - Summary

Relates to warrants and orders of protection in persons in need of supervision cases.

S4050B (ACTIVE) - Sponsor Memo

S4050B (ACTIVE) - Bill Text download pdf

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

                                 4050--B
    Cal. No. 300

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced by Sen. GALLIVAN -- (at request of the Office of Court Admin-
  istration)  --  read twice and ordered printed, and when printed to be
  committed to the Committee on Children and Families -- reported favor-
  ably from said committee, ordered to first and second report,  ordered
  to  a  third  reading, passed by Senate and delivered to the Assembly,
  recalled, vote reconsidered, restored to third  reading,  amended  and
  ordered  reprinted,  retaining its place in the order of third reading
  -- again amended and ordered reprinted, retaining  its  place  in  the
  order of third reading

AN ACT to amend the family court act, in relation to warrants and orders
  of protection in persons in need of supervision cases

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

  Section 1. Subdivisions (g) and (h) of section 735 of the family court
act, as added by section 7 of part E of chapter 57 of the laws of  2005,
are amended to read as follows:
  (g)  (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall  indicate  in  such  notice  whether
efforts  were  successful.  The  notice  shall  also detail the diligent
attempts made to divert the case if a determination has been  made  that
there  is  no  substantial  likelihood  that the youth will benefit from
further attempts. No persons in need  of  supervision  petition  may  be
filed  pursuant  to  this  article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been  successfully  diverted  shall  constitute
presumptive  evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual  allegations.
No petition may be filed pursuant to this article by the parent or other
person  legally  responsible for the youth where diversion services have

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09516-09-1

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