Senate Bill S5516

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

Sponsored By

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

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Bill Amendments

2019-S5516 - Details

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

2019-S5516 - Summary

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

2019-S5516 - Sponsor Memo

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

2019-S5516A - Summary

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

2019-S5516A - Sponsor Memo

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

2019-S5516B (ACTIVE) - Details

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

2019-S5516B (ACTIVE) - Summary

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

2019-S5516B (ACTIVE) - Sponsor Memo

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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