Assembly Bill A2602B

2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families 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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Actions

Bill Amendments

co-Sponsors

2013-A2602 - Details

See Senate Version of this Bill:
S3831
Current Committee:
Senate Children And Families
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 Other Legislative Sessions:
2011-2012: A10520, S7581
2015-2016: S5286

2013-A2602 - Summary

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

2013-A2602 - Bill Text download pdf

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

                                  2602

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, CRESPO, JAFFEE, GALEF, GIBSON, MAGEE,
  MOYA, RIVERA, TITONE, WEPRIN -- (at request of  the  Office  of  Court
  Administration) -- read once and referred 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

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

co-Sponsors

2013-A2602A - Details

See Senate Version of this Bill:
S3831
Current Committee:
Senate Children And Families
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 Other Legislative Sessions:
2011-2012: A10520, S7581
2015-2016: S5286

2013-A2602A - Summary

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

2013-A2602A - Bill Text download pdf

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

                                 2602--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, CRESPO, JAFFEE, GALEF, GIBSON, MAGEE,
  MOYA, RIVERA, TITONE, WEPRIN -- (at request of  the  Office  of  Court
  Administration) -- read once and referred 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.
                                                           LBD03050-04-3
              

co-Sponsors

2013-A2602B (ACTIVE) - Details

See Senate Version of this Bill:
S3831
Current Committee:
Senate Children And Families
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 Other Legislative Sessions:
2011-2012: A10520, S7581
2015-2016: S5286

2013-A2602B (ACTIVE) - Summary

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

2013-A2602B (ACTIVE) - Bill Text download pdf

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

                                 2602--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, CRESPO, JAFFEE, GALEF, GIBSON, MAGEE,
  MOYA, RIVERA, TITONE, WEPRIN -- (at request of  the  Office  of  Court
  Administration) -- read once and referred to the Committee on Children
  and  Families -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee -- reported and  referred
  to  the  Committee  on  Codes  --  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03050-06-3
              

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