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Assembly Bill A7649

2021-2022 Legislative Session

Relates to expiration dates of orders of protection and the duration of temporary orders of protection in juvenile delinquency cases

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Archive: Last Bill Status - In Senate Committee Children And Families Committee

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2021-A7649 (ACTIVE) - Details

Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §§154-c & 304.2, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
A6545

2021-A7649 (ACTIVE) - Summary

Relates to expiration dates of orders of protection and the duration of temporary orders of protection in juvenile delinquency cases; requires expiration dates for orders of protection under certain articles of the family court act to be plainly stated; provides that a temporary order of protection in juvenile delinquency cases may remain in effect for an initial period of up to thirty days and may be extended by the court for good cause, upon notice to the juvenile.

2021-A7649 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7649
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DAVILA -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act, in relation to expiration dates of
   orders  of  protection  and  the  duration  of  temporary  orders   of
   protection in juvenile delinquency cases

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 154-c of the family court act,  as
 added by chapter 186 of the laws of 1997, is amended to read as follows:
   1.  Expiration  dates.  Any  order of protection or temporary order of
 protection issued under articles THREE, four, five,  six  [and],  SEVEN,
 eight,  TEN AND TEN-A of this act shall plainly state the date that such
 order expires.
   § 2. Subdivision 4 of section 304.2 of the family court act, as  added
 by chapter 683 of the laws of 1984, is amended to read as follows:
   (4)  A  temporary  order  of  protection  ISSUED OR EXTENDED AFTER THE
 FILING OF A PETITION UNDER THIS ARTICLE SHALL CONTAIN AN EXPIRATION DATE
 AND may remain in effect until an order of disposition is  entered.    A
 TEMPORARY  ORDER  OF PROTECTION ISSUED PRIOR TO THE FILING OF A PETITION
 UNDER THIS ARTICLE MAY REMAIN IN EFFECT FOR AN INITIAL PERIOD OF  UP  TO
 TWENTY-ONE  DAYS  AND  MAY BE EXTENDED BY THE COURT FOR GOOD CAUSE, UPON
 NOTICE TO THE JUVENILE, FOR A PERIOD OF UP TO  THIRTY  DAYS,  OR  FOR  A
 PERIOD  COINCIDING  WITH THE PERIOD OF ADJUSTMENT OF THE JUVENILE'S CASE
 UNDER SUBDIVISION NINE OF SECTION 308.1 OF THIS PART.  PROVIDED HOWEVER,
 IF THE JUVENILE SUCCESSFULLY COMPLETES ADJUSTMENT PRIOR TO  THE  EXPIRA-
 TION OF THE ORDER, THE PROBATION SERVICE, PRESENTMENT AGENCY OR ATTORNEY
 FOR THE CHILD MAY MOVE TO VACATE SUCH TEMPORARY ORDER OF PROTECTION UPON
 COMPLETION.
   § 3. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09112-02-1

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