senate Bill S3831A

2013-2014 Legislative Session

Actions in contemplation of dismissal in juvenile delinquency and persons in need of supervision cases

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Archive: Last Bill Status -


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2014 committed to rules
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.1000
Jan 08, 2014 referred to children and families
May 17, 2013 print number 3831a
amend and recommit to children and families
Feb 21, 2013 referred to children and families

Votes

view votes

May 28, 2014 - Children and Families committee Vote

S3831A
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 28, 2014

S3831 - Details

See Assembly Version of this Bill:
A2602B
Law Section:
Family Court Act
Laws Affected:
Amd §§315.3, 360.2, 735, 776, 779 & 779-a, add §743, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:
S7581, A10520

S3831 - Summary

Relates to actions in contemplation of dismissal in juvenile delinquency and persons in need of supervision cases.

S3831 - Sponsor Memo

S3831 - Bill Text download pdf

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

                                  3831

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

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  adjudication,
  dispositional  and  violation  procedures  in juvenile delinquency and
  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. Subdivision 1 of section 315.3 of the family court act, as
amended by chapter 535 of the laws  of  2011,  is  amended  to  read  as
follows:
  1. Except where the petition alleges that the respondent has committed
a designated felony act, the court may at any time prior to the entering
of  a finding under section 352.1 and with the consent of the respondent
order that the proceeding be "adjourned in contemplation of  dismissal".
An  adjournment  in  contemplation of dismissal is an adjournment of the
proceeding, for a period not to exceed six months, with a view to  ulti-
mate  dismissal  of the petition in furtherance of justice. Upon issuing
such an order, providing such terms and conditions as  the  court  deems
appropriate,  the court must release the respondent. The court may, as a
condition of an adjournment in  contemplation  of  dismissal  order,  in
cases  where  the  record  indicates that the consumption of alcohol may
have been a contributing factor, require the respondent  to  attend  and
complete  an  alcohol  awareness  program  established  pursuant to [of]
subdivision (a) of section [19.07] 19.25 of the mental hygiene law.  The
court may, as a condition of an adjournment in contemplation of dismiss-
al  order, in cases where the record indicates that the respondent is an
eligible person as defined in section four hundred fifty-eight-l of  the
social  services  law and has allegedly committed an eligible offense as
defined in such section, direct the respondent to attend and complete an
education reform program established pursuant to  section  four  hundred

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03050-01-3

S3831A (ACTIVE) - Details

See Assembly Version of this Bill:
A2602B
Law Section:
Family Court Act
Laws Affected:
Amd §§315.3, 360.2, 735, 776, 779 & 779-a, add §743, Fam Ct Act
Versions Introduced in 2011-2012 Legislative Session:
S7581, A10520

S3831A (ACTIVE) - Summary

Relates to actions in contemplation of dismissal in juvenile delinquency and persons in need of supervision cases.

S3831A (ACTIVE) - Sponsor Memo

S3831A (ACTIVE) - Bill Text download pdf

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

                                 3831--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

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  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  family  court act, in relation to adjudication,
  dispositional and violation procedures  in  juvenile  delinquency  and
  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. Subdivision 1 of section 315.3 of the family court act,  as
amended  by  chapter  535  of  the  laws  of 2011, is amended to read as
follows:
  1. Except where the petition alleges that the respondent has committed
a designated felony act, the court may at any time prior to the entering
of a finding under section 352.1 and with the consent of the  respondent
order  that the proceeding be "adjourned in contemplation of dismissal".
An adjournment in contemplation of dismissal is an  adjournment  of  the
proceeding,  for a period not to exceed six months, with a view to ulti-
mate dismissal of the petition in furtherance of justice.  Upon  issuing
such  an  order,  providing such terms and conditions as the court deems
appropriate, the court must release the respondent. The court may, as  a
condition  of  an  adjournment  in  contemplation of dismissal order, in
cases where the record indicates that the  consumption  of  alcohol  may
have  been  a  contributing factor, require the respondent to attend and
complete an alcohol  awareness  program  established  pursuant  to  [of]
subdivision  (a) of section [19.07] 19.25 of the mental hygiene law. The
court may, as a condition of an adjournment in contemplation of dismiss-
al order, in cases where the record indicates that the respondent is  an
eligible  person as defined in section four hundred fifty-eight-l of the
social services law and has allegedly committed an eligible  offense  as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03050-07-3

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