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Assembly Bill A2311

2017-2018 Legislative Session

Authorizes references for orders of protection to judicial hearing officers or referees at any time and requires training about domestic violence for them

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Archive: Last Bill Status - In Assembly Committee

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2017-A2311 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Judiciary Law
Laws Affected:
Amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2009-2010: A390
2011-2012: A5398
2013-2014: A650
2015-2016: A2639

2017-A2311 (ACTIVE) - Summary

Authorizes the chief administrator of the courts to authorize courts to order references for orders of protection to judicial hearing officers or referees at any time; requires training about domestic violence for such judicial hearing officers or referees.

2017-A2311 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2311
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the judiciary law, in relation to authorizing references
   for orders of protection to judicial hearing officers or referees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (n) of subdivision 2 of section 212 of the judi-
 ciary law, as added by chapter 363 of the laws of 2010,  is  amended  to
 read as follows:
   (n)  Have  the  power  to  authorize  a court under subdivision (b) of
 section forty-three hundred seventeen of  the  civil  practice  law  and
 rules  to  order a reference TO A JUDICIAL HEARING OFFICER OR REFEREE to
 determine an application for an order of protection (including a  tempo-
 rary order of protection) that, in accordance with law, is made ex parte
 or  where  all  parties  besides  the  applicant  default in appearance;
 provided, however, this  paragraph  shall  only  apply  to  applications
 brought  in  family court during the hours that the court is in session,
 and after five o'clock p.m. Training about domestic  violence  shall  be
 required  for  ALL  JUDICIAL HEARING OFFICERS AND REFEREES AND all OTHER
 persons who are designated to serve as references as  provided  in  this
 paragraph.
   §  2. This act shall take effect immediately; provided that the amend-
 ments to paragraph (n) of subdivision 2 of section 212 of the  judiciary
 law  made by section one of this act shall not affect the repeal of such
 paragraph and shall be deemed repealed therewith.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07843-01-7

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