senate Bill S5516

2019-2020 Legislative Session

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

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

view votes

May 14, 2019 - Children and Families committee Vote

S5516
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Children and Families committee vote details

Children and Families Committee Vote: May 14, 2019

aye wr (2)

S5516 - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§322.1 & 322.2, Fam Ct Act

S5516 - Summary

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

S5516 - Sponsor Memo

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

S5516A - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§322.1 & 322.2, Fam Ct Act

S5516A - Summary

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

S5516A - Sponsor Memo

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

S5516B (ACTIVE) - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§322.1 & 322.2, Fam Ct Act

S5516B (ACTIVE) - Summary

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

S5516B (ACTIVE) - Sponsor Memo

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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