Assembly Bill A1179A

2021-2022 Legislative Session

Relates to requiring orders of custody to state whether law enforcement is authorized to remove a child or children

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Archive: Last Bill Status - In Assembly Committee


  • 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

co-Sponsors

multi-Sponsors

2021-A1179 - Details

See Senate Version of this Bill:
S564
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §§651 & 652, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: A6848, S4955
2023-2024: A487, S3157

2021-A1179 - Summary

Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

2021-A1179 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1179
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
   ENS, ENGLEBRIGHT, PICHARDO, STIRPE,  WILLIAMS,  MONTESANO,  MORINELLO,
   DeSTEFANO, McDONOUGH, B. MILLER, REILLY, GRIFFIN -- Multi-Sponsored by
   --  M.  of A.  J. M. GIGLIO -- read once and referred to the Committee
   on Judiciary

 AN ACT to amend the family court act, in  relation  to  the  removal  of
   children by orders of custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court act, as amended by chapter 295 of the laws of 2009, is amended  to
 read as follows:
   4.  Notifying  counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of this  act,  and  registry  reports  and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented  party, notifying such party of the results thereof, includ-
 ing any court appointed attorney for children, the  court  may  issue  a
 temporary, successive temporary or final order of custody or visitation.
 SUCH  ORDERS SHALL STATE WHETHER LAW ENFORCEMENT IS AUTHORIZED TO REMOVE
 THE CHILD OR CHILDREN IN ORDER TO COMPLY WITH AND ENFORCE SAID ORDERS.
   § 2. Subdivisions (a) and (b) of section 652 of the family court  act,
 as  amended  by  chapter  40 of the laws of 1981, are amended to read as
 follows:
   (a) When referred from the supreme court  to  the  family  court,  the
 family  court  has  jurisdiction  to  determine,  with  the  same powers
 possessed by the supreme court, applications to fix temporary or  perma-
 nent  custody and applications to modify judgments and orders of custody
 or  visitation  in  actions  and  proceedings  for  marital  separation,
 divorce, annulment of marriage and dissolution of marriage. Applications
 to  modify  judgments and orders of custody may be granted by the family
 court under this section only upon the showing to the family court  that
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2021-A1179A (ACTIVE) - Details

See Senate Version of this Bill:
S564
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §§651 & 652, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2019-2020: A6848, S4955
2023-2024: A487, S3157

2021-A1179A (ACTIVE) - Summary

Requires orders of custody to state whether law enforcement is authorized to remove a child or children in order to comply with and enforce such orders.

2021-A1179A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1179--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 7, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, OTIS, SAYEGH, AUBRY, BUTTENSCHON, DICK-
   ENS, ENGLEBRIGHT, STIRPE, WILLIAMS, MONTESANO,  MORINELLO,  DeSTEFANO,
   McDONOUGH,  B. MILLER,  REILLY, GRIFFIN -- Multi-Sponsored by -- M. of
   A. J. M. GIGLIO -- read once and referred to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the family court act, in  relation  to  the  removal  of
   children by orders of custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 4 of subdivision (e) of section 651 of the family
 court act, as amended by chapter 295 of the laws of 2009, is amended  to
 read as follows:
   4.  Notifying  counsel and issuing orders. Upon consideration of deci-
 sions pursuant to article ten of this  act,  and  registry  reports  and
 notifying counsel involved in the proceeding, or in the event of a self-
 represented  party, notifying such party of the results thereof, includ-
 ing any court appointed attorney for children, the  court  may  issue  a
 temporary, successive temporary or final order of custody or visitation.
 SUCH  ORDERS,  WHEN  RELEVANT,  SHALL  STATE  WHETHER LAW ENFORCEMENT IS
 AUTHORIZED TO REMOVE THE CHILD OR CHILDREN IN ORDER TO COMPLY  WITH  AND
 ENFORCE SAID ORDERS.
   §  2. Subdivisions (a) and (b) of section 652 of the family court act,
 as amended by chapter 40 of the laws of 1981, are  amended  to  read  as
 follows:
   (a)  When  referred  from  the  supreme court to the family court, the
 family court  has  jurisdiction  to  determine,  with  the  same  powers
 possessed  by the supreme court, applications to fix temporary or perma-
 nent custody and applications to modify judgments and orders of  custody
 or  visitation  in  actions  and  proceedings  for  marital  separation,
 divorce, annulment of marriage and dissolution of marriage. Applications
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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