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Senate Bill S7656

2017-2018 Legislative Session

Requires certain proceedings be transferred to supreme court

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

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2017-S7656 (ACTIVE) - Details

See Assembly Version of this Bill:
A9551
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Add §813-a, Fam Ct Act; amd §530.11, CP L
Versions Introduced in 2019-2020 Legislative Session:
A5641

2017-S7656 (ACTIVE) - Summary

Instructs that when a complainant or petitioner has a proceeding commenced in family court or criminal court concerning family offense matters, as well as a proceeding in supreme court for matrimonial action, the chief administrator of the courts transfer all proceedings to supreme court.

2017-S7656 (ACTIVE) - Sponsor Memo

2017-S7656 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7656
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sens. PHILLIPS, YOUNG -- 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 and the criminal procedure law, in
   relation to transferring certain proceedings to supreme court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  family  court act is amended by adding a new section
 813-a to read as follows:
   § 813-A. TRANSFER TO SUPREME COURT. 1. AT ANY TIME PRIOR TO A  FINDING
 ON  THE  PETITION THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ORDER THAT
 ANY MATTER WHICH IS THE SUBJECT OF A PROCEEDING  COMMENCED  PURSUANT  TO
 SECTION  EIGHT  HUNDRED  TWELVE  OF  THIS  ACT,  A MATRIMONIAL ACTION IN
 SUPREME COURT AND A CRIMINAL ACTION IN  A  CRIMINAL  COURT  RELATING  TO
 FAMILY OFFENSE MATTERS PURSUANT TO SECTION 530.11 OF THE CRIMINAL PROCE-
 DURE  LAW,  BE  TRANSFERRED  TO  THE SUPREME COURT WHERE THE MATRIMONIAL
 ACTION IS BEING HEARD.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS, PURSUANT TO PARAGRAPH (E) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED  TWELVE  OF  THE  JUDICIARY  LAW,
 SHALL  PROMULGATE  RULES TO FACILITATE RECORD SHARING AND OTHER COMMUNI-
 CATION BETWEEN THE SUPREME COURT,  CRIMINAL  COURT  AND  FAMILY  COURTS,
 SUBJECT  TO  APPLICABLE  PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES,
 THE CRIMINAL PROCEDURE LAW AND THIS ACT PERTAINING TO THE CONFIDENTIALI-
 TY, EXPUNGEMENT AND SEALING OF RECORDS, WHEN A PETITION  IS  TRANSFERRED
 TO  SUPREME  COURT  OVER SUCH MATTERS AS SPECIFIED IN SUBDIVISION ONE OF
 THIS SECTION.
   § 2. Subdivision 7 of section 530.11 of the criminal procedure law, as
 added by chapter 222 of the laws of 1994, is amended and a new  subdivi-
 sion 1-a is added to read as follows:
   1-A.  TRANSFER  TO SUPREME COURT. IF AT ANY TIME PRIOR TO THE DISPOSI-
 TION OF ANY PROCEEDING CONCERNING ACTS  WHICH  WOULD  CONSTITUTE  FAMILY
 OFFENSE  MATTERS  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION, THE
 COMPLAINT HAS A CONCURRENT PROCEEDING  IN  FAMILY  COURT  WHICH  IS  THE
 SUBJECT  OF  A  PROCEEDING  COMMENCED  PURSUANT TO SECTION EIGHT HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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