assembly Bill A10141

2019-2020 Legislative Session

Eliminates the use of the term "incorrigible"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 12, 2020 referred to children and families

Co-Sponsors

A10141 (ACTIVE) - Details

See Senate Version of this Bill:
S7930
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§712, 732, 773 & 1012, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A5873, S2737

A10141 (ACTIVE) - Summary

Eliminates the use of the term "incorrigible".

A10141 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10141
 
                           I N  A S S E M B L Y
 
                              March 12, 2020
                                ___________
 
 Introduced  by M. of A. SIMOTAS -- read once and referred to the Commit-
   tee on Children and Families
 
 AN ACT to amend the family court act, in relation to eliminating the use
   of the term incorrigible
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions (a) and (c) of section 712 of the family court
 act,  as  amended  by  section  1 of part K of chapter 56 of the laws of
 2019, are amended to read as follows:
   (a) "Person in need of supervision". A person less than eighteen years
 of age: (i) who does not attend school in accordance with the provisions
 of part one of article sixty-five of the  education  law;  (ii)  who  is
 [incorrigible,]  ungovernable  or  habitually disobedient and beyond the
 lawful control of a parent or other person legally responsible for  such
 child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
 provisions of: (1) section 221.05; or (2) 230.00 of the penal law;  (iv)
 or  who appears to be a sexually exploited child as defined in paragraph
 (a), (c) or (d) of subdivision one of section four hundred forty-seven-a
 of the social services law, but only if the child consents to the filing
 of a petition under this article.
   (c)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he or she violated a law or
 is [incorrigible,] ungovernable or habitually disobedient and beyond the
 control of his or her parents, guardian or legal custodian.
   §  2.  Paragraph  (i)  of subdivision (a) of section 732 of the family
 court act, as amended by section 9 of part G of chapter 58 of  the  laws
 of 2010, is amended to read as follows:
   (i)  the  respondent is an habitual truant or is [incorrigible,] ungo-
 vernable[,] or habitually disobedient and beyond the lawful  control  of
 his or her parents, guardian or lawful custodian, or has been the victim
 of  sexual  exploitation  as  defined in subdivision one of section four
 hundred forty-seven-a of the social services  law,  and  specifying  the
 acts  on  which  the  allegations  are based and the time and place they
 allegedly occurred. Where habitual truancy is alleged or the  petitioner
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets