Assembly Bill A5897

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 Via S5286 - 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-A5897 (ACTIVE) - Details

See Senate Version of this Bill:
S5286
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-A5897 (ACTIVE) - Summary

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

2015-A5897 (ACTIVE) - Bill Text download pdf

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

                                  5897

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2015
                               ___________

Introduced  by  M.  of A. PAULIN, LUPARDO, CRESPO, JAFFEE, GALEF, 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 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

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

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