senate Bill S4302A

Signed By Governor
2011-2012 Legislative Session

Relates to allegations in family offense petitions

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A7632 -


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.309
Jul 22, 2011 delivered to governor
Jun 23, 2011 returned to assembly
passed senate
3rd reading cal.914
substituted for s4302a
Jun 23, 2011 substituted by a7632
Jun 06, 2011 advanced to third reading
Jun 02, 2011 2nd report cal.
Jun 01, 2011 1st report cal.914
May 11, 2011 print number 4302a
amend (t) and recommit to judiciary
Mar 28, 2011 referred to judiciary

S4302 - Details

See Assembly Version of this Bill:
A7632
Law Section:
Family Court Act
Laws Affected:
Amd §821, Fam Ct Act

S4302 - Summary

Relates to allegations in family offense petitions.

S4302 - Sponsor Memo

S4302 - Bill Text download pdf

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

                                  4302

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Judiciary

AN ACT to amend the family court act and the domestic relations law,  in
  relation  to  service  of  orders  of protection in family and supreme
  court proceedings and allegations in family offense petitions

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

  Section  1.  Subdivision (e) of section 153-b of the family court act,
as added by chapter 261 of the laws of  2010,  is  amended  to  read  as
follows:
  (e)  Notwithstanding  any  other provision of law, FOR THE PURPOSES OF
SECTION ONE HUNDRED SIXTY-EIGHT OF THIS ARTICLE AND TO ENSURE  EXPEDITED
SERVICE  BY  PEACE AND POLICE OFFICERS IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION, all  orders  of  protection  and  temporary  orders  of
protection issued pursuant to this act, along with THE SUMMONS, PETITION
AND  any associated papers [that may] TO be served simultaneously, may[,
for the purposes of section one hundred sixty-eight of this article,] be
transmitted by facsimile transmission or electronic means  [and  may  be
transmitted  by facsimile transmission or electronic means for expedited
service in accordance with the provisions of this section] TO A PEACE OR
POLICE OFFICER, OR, IN THE CITY OF NEW YORK, TO A  DESIGNATED  REPRESEN-
TATIVE OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK. For purposes of
this  section,  "facsimile transmission" and "electronic means" shall be
as defined in subdivision (f) of rule twenty-one hundred  three  of  the
civil practice law and rules. NOTHING IN THIS SUBDIVISION SHALL ALTER OR
LIMIT  THE  REQUIREMENTS  FOR  SERVICE  UNDER THIS SECTION AND THE CIVIL
PRACTICE LAW AND RULES.
  S 2. Paragraph (a) of subdivision 1 of section 821 of the family court
act, as amended by chapter 476 of the laws of 2009, is amended  to  read
as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-01-1

Co-Sponsors

S4302A (ACTIVE) - Details

See Assembly Version of this Bill:
A7632
Law Section:
Family Court Act
Laws Affected:
Amd §821, Fam Ct Act

S4302A (ACTIVE) - Summary

Relates to allegations in family offense petitions.

S4302A (ACTIVE) - Sponsor Memo

S4302A (ACTIVE) - Bill Text download pdf

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

                                 4302--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 28, 2011
                               ___________

Introduced by Sen. SAVINO -- (at request of the Office of Court Adminis-
  tration)  --  read  twice  and ordered printed, and when printed to be
  committed to the Committee on Judiciary -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the family court act,  in  relation  to  allegations  in
  family offense petitions

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

  Section 1.  Paragraph (a) of subdivision 1 of section 821 of the fami-
ly court act, as amended by chapter 476 of the laws of 2009, is  amended
to read as follows:
  (a)  An  allegation  that  the  respondent  assaulted  or attempted to
assault his or her spouse, or former  spouse,  parent,  child  or  other
member of the same family or household or engaged in disorderly conduct,
harassment,  sexual  misconduct,  forcible touching, sexual abuse in the
third degree, sexual abuse in the second degree as set forth in subdivi-
sion one  of  section  130.60  of  the  penal  law,  stalking,  criminal
mischief,  menacing [or], reckless endangerment, CRIMINAL OBSTRUCTION OF
BREATHING OR BLOOD CIRCULATION OR STRANGULATION toward any such person;
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10141-02-1

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