Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 06, 2019 |
signed chap.602 |
Nov 26, 2019 |
delivered to governor |
Jun 18, 2019 |
returned to senate passed assembly ordered to third reading rules cal.424 substituted for a8092 referred to codes delivered to assembly passed senate |
Jun 11, 2019 |
amended on third reading 5516b |
May 20, 2019 |
advanced to third reading amended (t) 5516a |
May 15, 2019 |
2nd report cal. |
May 14, 2019 |
1st report cal.766 |
May 03, 2019 |
referred to children and families |
Senate Bill S5516A
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - 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
Actions
Votes
Bill Amendments
2019-S5516 - Details
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§322.1 & 322.2, Fam Ct Act; amd §§7.09 & 13.09, Ment Hyg L
2019-S5516 - Sponsor Memo
BILL NUMBER: S5516 SPONSOR: MONTGOMERY TITLE OF BILL: An act to amend the family court act, in relation to the determination of capacity to stand trial in juvenile delinquency proceedings in family court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Family Court Act § 303.1(1) provides that the Criminal Procedure Law is not applicable in juvenile delinquency proceedings unless a similar provision is included in the Family Court Act or unless it is incorpo- rated by reference. Therefore, in order to apply in Family Court, amend- ments to the Criminal Procedure Law must be reflected in a specific reference or similar provision in the Family Court Act. When an issue of capacity to stand trial is raised -- that is, an issue regarding the ability of the accused juvenile to understand the proceedings and assist in his or her own defenses-- several provisions of the Criminal Proce- dure Law, including an amendment enacted in 2012, have not been refer- enced in the Family Court Act. Accordingly, this measure would import provisions from the Criminal Procedure Law into the Family Court regard-
2019-S5516 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5516 2019-2020 Regular Sessions I N S E N A T E May 3, 2019 ___________ Introduced by Sen. MONTGOMERY -- (at request of the Office of Court Administration) -- 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, 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. The court shall order that two qualified psychiatric examiners as defined in subdivision seven of section 730.10 of the criminal procedure law examine the respondent to determine if he OR SHE is mentally ill, [mentally retarded or] INTELLEC- TUALLY OR developmentally disabled. § 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 (d) of subdivision 5 as amended by chapter 41 of the laws of 2010, are amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09846-01-9
2019-S5516A - Details
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§322.1 & 322.2, Fam Ct Act; amd §§7.09 & 13.09, Ment Hyg L
2019-S5516A - Sponsor Memo
BILL NUMBER: S5516A SPONSOR: MONTGOMERY TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Family Court Act § 303.1(1) provides that the Criminal Procedure Law is not applicable in juvenile delinquency proceedings unless a similar provision is included in the Family Court Act or unless it is incorpo- rated by reference. Therefore, in order to apply in Family Court, amend- ments to the Criminal Procedure Law must be reflected in a specific reference or similar provision in the Fathily Court Act. When an issue of capacity to stand trial is raised -- that is, an issue regarding the ability of the accused juvenile to understand the proceedings and assist in his or her own defense*-- several provisions of the Criminal Proce- dure Law, including an amendment enacted in 2012, have not been refer- enced in the Family Court Act. Accordingly, this measure would import provisions from the Criminal Procedure Law into the Family Court regard-
2019-S5516A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5516--A Cal. No. 766 2019-2020 Regular Sessions I N S E N A T E May 3, 2019 ___________ Introduced by Sen. MONTGOMERY -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third read- ing 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. The court shall order that two qualified psychiatric examiners as defined in subdivision seven of section 730.10 of the criminal procedure law examine the respondent to determine if he OR SHE is DIAGNOSED TO BE mentally ill, [mentally retarded or] INTELLECTUALLY OR developmentally disabled. § 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
co-Sponsors
(D) 16th Senate District
2019-S5516B (ACTIVE) - Details
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§322.1 & 322.2, Fam Ct Act; amd §§7.09 & 13.09, Ment Hyg L
2019-S5516B (ACTIVE) - Sponsor Memo
BILL NUMBER: S5516B SPONSOR: MONTGOMERY TITLE OF BILL: 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 This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of his Family Court Advisory and Rules Committee. Family Court Act § 303.1(1) provides that the Criminal Procedure Law is not applicable in juvenile delinquency proceedings unless a similar provision is included in the Family Court Act or unless it is incorpo- rated by reference. Therefore, in order to apply in Family Court, amend- ments to the Criminal Procedure Law must be reflected in a specific reference or similar provision in the. Family Court Act. When an issue of capacity to stand trial is raised -- that is, an issue regarding the ability of the accused juvenile to understand the proceedings and assist in his or her own defense'-- several provisions of the Criminal Proce- dure Law, including an amendment enacted in 2012, have not been refer- enced in the Family Court Act. Accordingly, this measure would import provisions from the Criminal Procedure Law into the Family Court regard-
2019-S5516B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5516--B Cal. No. 766 2019-2020 Regular Sessions I N S E N A T E May 3, 2019 ___________ Introduced by Sen. MONTGOMERY -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families -- reported favorably from said committee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third read- ing -- amended and ordered reprinted, retaining its place in the order of third reading 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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