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Assembly Bill A7959A

2019-2020 Legislative Session

Relates to the execution of warrants in juvenile delinquency cases when family courts are closed

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

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Bill Amendments

2019-A7959 - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Family Court Act
Laws Affected:
Amd §312.2, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A7601

2019-A7959 - Summary

Relates to the execution of warrants in juvenile delinquency cases when family courts are closed.

2019-A7959 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7959
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RAYNOR -- (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  execution  of
   warrants in juvenile delinquency cases when family courts are closed

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 312.2 of the family court act is amended by  adding
 a new subdivision 3 to read as follows:
   3.  A JUVENILE WHO IS ARRESTED PURSUANT TO A WARRANT ISSUED UNDER THIS
 SECTION MUST FORTHWITH AND WITH ALL REASONABLE SPEED BE  TAKEN  DIRECTLY
 TO  THE FAMILY COURT LOCATED IN THE COUNTY IN WHICH THE WARRANT HAD BEEN
 ISSUED, OR, WHEN THE FAMILY COURT IS NOT IN SESSION, TO THE MOST  ACCES-
 SIBLE  MAGISTRATE,  IF  ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT. IF  A  JUVENILE  IS  BROUGHT
 BEFORE AN ACCESSIBLE MAGISTRATE, THE MAGISTRATE SHALL SET A DATE FOR THE
 JUVENILE  TO  APPEAR  IN  THE  FAMILY  COURT  IN THE COUNTY IN WHICH THE
 WARRANT HAD BEEN ISSUED, WHICH SHALL BE NO LATER THAN THE NEXT  DAY  THE
 COURT IS IN SESSION IF THE MAGISTRATE ORDERS THE JUVENILE TO BE DETAINED
 AND  WITHIN  TEN  COURT DAYS IF THE MAGISTRATE ORDERS THE JUVENILE TO BE
 RELEASED. THE MAGISTRATE SHALL TRANSMIT ITS ORDER TO  THE  FAMILY  COURT
 FORTHWITH.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09839-01-9

2019-A7959A (ACTIVE) - Details

Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Family Court Act
Laws Affected:
Amd §312.2, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A7601

2019-A7959A (ACTIVE) - Summary

Relates to the execution of warrants in juvenile delinquency cases when family courts are closed.

2019-A7959A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7959--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  RAYNOR -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families -- reported and referred to the  Committee  on  Codes  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee

 AN ACT to amend the family  court  act,  in  relation  to  execution  of
   warrants in juvenile delinquency cases when family courts are closed
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 312.2 of the family court act is amended by  adding
 a new subdivision 3 to read as follows:
   3.  A JUVENILE WHO IS ARRESTED PURSUANT TO A WARRANT ISSUED UNDER THIS
 SECTION MUST FORTHWITH AND WITH ALL REASONABLE SPEED BE  TAKEN  DIRECTLY
 TO  THE FAMILY COURT LOCATED IN THE COUNTY IN WHICH THE WARRANT HAD BEEN
 ISSUED, OR, WHEN THE FAMILY COURT IS NOT IN SESSION, TO THE MOST  ACCES-
 SIBLE  MAGISTRATE,  IF  ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE
 SUPREME COURT IN THE APPLICABLE DEPARTMENT. IF  A  JUVENILE  IS  BROUGHT
 BEFORE AN ACCESSIBLE MAGISTRATE, THE MAGISTRATE SHALL SET A DATE FOR THE
 JUVENILE  TO  APPEAR  IN  THE  FAMILY  COURT  IN THE COUNTY IN WHICH THE
 WARRANT HAD BEEN ISSUED, WHICH SHALL BE NO LATER THAN THE NEXT  DAY  THE
 COURT IS IN SESSION IF THE MAGISTRATE ORDERS THE JUVENILE TO BE DETAINED
 AND  WITHIN  TEN  COURT DAYS IF THE MAGISTRATE ORDERS THE JUVENILE TO BE
 RELEASED. IN DETERMINING WHETHER THE JUVENILE SHOULD BE  RELEASED,  WITH
 OR  WITHOUT  CONDITIONS,  OR  DETAINED,  THE  MAGISTRATE SHALL APPLY THE
 CRITERION AND ISSUE THE FINDINGS REQUIRED BY SECTION 320.5 OF THIS ARTI-
 CLE. THE MAGISTRATE SHALL TRANSMIT ITS ORDER TO THE FAMILY COURT  FORTH-
 WITH.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09839-02-9

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