Senate Bill S5286

Signed By Governor
2015-2016 Legislative Session

Relates to adjudication and violation procedures in juvenile delinquency and PINS cases

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • 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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2015-S5286 (ACTIVE) - Details

See Assembly Version of this Bill:
A5897
Law Section:
Family Court Act
Laws Affected:
Amd §§360.2, 735, 776, 779 & 779-a, add §743, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: S7581
2013-2014: S3831

2015-S5286 (ACTIVE) - Summary

Relates to adjudication and violation procedures in juvenile delinquency and PINS cases.

2015-S5286 (ACTIVE) - Sponsor Memo

2015-S5286 (ACTIVE) - Bill Text download pdf

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

                                  5286

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 12, 2015
                               ___________

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  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.  Subdivisions 4 and 5 of section 360.2 of the family court
act, as added by chapter 920 of the laws of 1982, are amended to read as
follows:
  4. If a petition  is  filed  under  subdivision  one,  the  period  of
probation  as  prescribed  by  section 353.2 OR CONDITIONAL DISCHARGE AS
PRESCRIBED BY SECTION 353.1 shall be interrupted as of the date  of  the
filing  of  the petition. Such interruption shall continue until a final
determination as to the petition has been made by the court pursuant  to
a  hearing  held  in accordance with section 360.3 or until such time as
the respondent reaches the maximum age of acceptance  into  [a  division
for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility.
  5. If the court determines THAT there was no violation of probation OR
CONDITIONAL  DISCHARGE  by  the  respondent,  the period of interruption
shall be credited to the period of probation OR  CONDITIONAL  DISCHARGE,
AS APPLICABLE.
  S  2. Subdivision (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, is amended  to
read as follows:
  (h)  No  statement made to the designated lead agency or to any agency
or organization to which the potential  respondent  HAS  BEEN  REFERRED,
prior  to the filing of the petition, or if the petition has been filed,
prior to the time the respondent has  been  notified  that  attempts  at
diversion  will  not  be  made  or have been terminated, or prior to the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05971-04-5
              

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