Assembly Bill A8092

Signed By Governor
2019-2020 Legislative Session

Relates to the determination of capacity to stand trial in juvenile delinquency proceedings in family court

download bill text pdf

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Archive: Last Bill Status Via S5516 - 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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2019-A8092 (ACTIVE) - Details

See Senate Version of this Bill:
S5516
Law Section:
Family Court Act
Laws Affected:
Amd §§322.1 & 322.2, Fam Ct Act; amd §§7.09 & 13.09, Ment Hyg L

2019-A8092 (ACTIVE) - Summary

Relates to the determination of capacity to stand trial in juvenile delinquency proceedings in family court.

2019-A8092 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8092
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JAFFEE -- (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 and  the  mental  hygiene  law,  in
   relation  to  the determination of capacity to stand trial in juvenile
   delinquency proceedings in family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 322.1 of the family court act, as
 amended by chapter 566 of the laws  of  1994,  is  amended  to  read  as
 follows:
   1. At any proceeding under this article, the court must issue an order
 that  the  respondent  be  examined as provided herein when it is of the
 opinion that the respondent may be  an  incapacitated  person.  Notwith-
 standing  the  provisions of this or any other law, the court may direct
 that the examination be conducted on an outpatient basis [when].  IF the
 respondent is [not] in custody at the time the court issues an order  of
 examination,  THE  EXAMINATION  MAY  BE CONDUCTED AT THE PLACE WHERE THE
 RESPONDENT IS BEING HELD IN CUSTODY SO LONG AS NO REASONABLE ALTERNATIVE
 OUTPATIENT SETTING IS AVAILABLE. The court shall order that  two  quali-
 fied  psychiatric  examiners  as defined in subdivision seven of section
 730.10 of the criminal procedure law examine the respondent to determine
 if he [is mentally ill, mentally retarded or  developmentally  disabled]
 OR  SHE MAY BE DIAGNOSED AS A PERSON WITH MENTAL ILLNESS OR AN INTELLEC-
 TUAL OR DEVELOPMENTAL DISABILITY.
   § 2. Subdivision 4, paragraphs (a), (c) and (d) of subdivision  5  and
 subdivisions  6 and 7 of section 322.2 of the family court act, subdivi-
 sions 4, 6 and 7 and paragraph (c) of subdivision 5 as added by  chapter
 920  of  the  laws of 1982, paragraph (a) of subdivision 5 as amended by
 section 69 of part WWW of chapter 59 of the laws of 2017, and  paragraph
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09846-05-9
              

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