assembly Bill A5873

Signed By Governor
2021-2022 Legislative Session

Eliminates the use of the term "incorrigible"

download bill text pdf

Sponsored By

Current Bill Status Via S2737 - Signed by Governor


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 06, 2021 signed chap.97
Apr 01, 2021 delivered to governor
Mar 24, 2021 returned to senate
passed assembly
ordered to third reading rules cal.45
substituted for a5873
Mar 24, 2021 substituted by s2737
rules report cal.45
reported
Mar 23, 2021 reported referred to rules
Mar 01, 2021 referred to children and families

Votes

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Feb 2, 2021 - Children and Families committee Vote

S2737
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 2, 2021

aye wr (2)

Co-Sponsors

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A5873 (ACTIVE) - Details

See Senate Version of this Bill:
S2737
Law Section:
Family Court Act
Laws Affected:
Amd §§712, 732, 773 & 1012, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
A10141, S7930

A5873 (ACTIVE) - Summary

Eliminates the use of the term "incorrigible".

A5873 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5873
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 1, 2021
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Children and Families
 
 AN ACT to amend the family court act, in relation to eliminating the use
   of the term incorrigible
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivisions (a) and (c) of section 712 of the family court
 act,  as  amended  by  section  1 of part K of chapter 56 of the laws of
 2019, are amended to read as follows:
   (a) "Person in need of supervision". A person less than eighteen years
 of age: (i) who does not attend school in accordance with the provisions
 of part one of article sixty-five of the  education  law;  (ii)  who  is
 [incorrigible,]  ungovernable  or  habitually disobedient and beyond the
 lawful control of a parent or other person legally responsible for  such
 child's  care,  or  other  lawful  authority;  (iii)  who  violates  the
 provisions of: (1) section 221.05; or (2) 230.00 of the penal law;  (iv)
 or  who appears to be a sexually exploited child as defined in paragraph
 (a), (c) or (d) of subdivision one of section four hundred forty-seven-a
 of the social services law, but only if the child consents to the filing
 of a petition under this article.
   (c)  "Fact-finding  hearing".  A  hearing  to  determine  whether  the
 respondent did the acts alleged to show that he or she violated a law or
 is [incorrigible,] ungovernable or habitually disobedient and beyond the
 control of his or her parents, guardian or legal custodian.
   §  2.  Paragraph  (i)  of subdivision (a) of section 732 of the family
 court act, as amended by section 9 of part G of chapter 58 of  the  laws
 of 2010, is amended to read as follows:
   (i)  the  respondent is an habitual truant or is [incorrigible,] ungo-
 vernable[,] or habitually disobedient and beyond the lawful  control  of
 his or her parents, guardian or lawful custodian, or has been the victim
 of  sexual  exploitation  as  defined in subdivision one of section four
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.