S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7683
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on  Judici-
   ary
 
 AN  ACT  to  amend  the  family  court  act,  in relation to authorizing
   adjournments in contemplation of dismissal in family offense cases  in
   family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by adding a new section 829
 to read as follows:
   § 829. ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.  1. PRIOR TO OR UPON
 A FACT-FINDING HEARING, WITH THE  CONSENT  OF  THE  PETITIONER  AND  THE
 RESPONDENT  AND  WITH  THE  APPROVAL OF THE COURT, THE PROCEEDING MAY BE
 ADJOURNED IN CONTEMPLATION OF DISMISSAL. THE COURT  SHALL  CONSIDER  THE
 POSITION OF THE ATTORNEY FOR THE CHILD, IF ONE HAS BEEN APPOINTED. UNDER
 NO  CIRCUMSTANCES SHALL THE COURT ORDER ANY PARTY TO CONSENT TO AN ORDER
 UNDER THIS SECTION.
   2. AN "ADJOURNMENT  IN  CONTEMPLATION  OF  DISMISSAL"  SHALL  MEAN  AN
 ADJOURNMENT  OF  THE PROCEEDING FOR A PERIOD NOT TO EXCEED ONE YEAR WITH
 AN EXPECTATION OF ULTIMATE DISMISSAL OF THE PETITION IN  FURTHERANCE  OF
 JUSTICE.
   3. SUCH ORDER OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL MAY INCLUDE
 TERMS  AND  CONDITIONS  AGREEABLE  TO  THE PARTIES AND TO THE COURT. THE
 COURT MAY, AS A CONDITION OF SUCH ORDER,  ISSUE  A  TEMPORARY  ORDER  OF
 PROTECTION IN ACCORDANCE WITH SECTION EIGHT HUNDRED TWENTY-EIGHT OF THIS
 PART.  THE  DURATION OF THE TEMPORARY ORDER OF PROTECTION MAY NOT EXCEED
 THE LENGTH OF THE ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.  COMPLIANCE
 WITH THE TEMPORARY ORDER OF PROTECTION SHALL BE A CONDITION OF THE ORDER
 OF ADJOURNMENT IN CONTEMPLATION OF DISMISSAL.
   4.  UPON  CONSENT OF THE PETITIONER AND RESPONDENT, AND UPON CONSIDER-
 ATION OF THE POSITION OF THE ATTORNEY FOR THE CHILD,  IF  ONE  HAS  BEEN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10332-01-1

 A. 7683                             2
 
 APPOINTED,  AND  WITH  THE APPROVAL OF THE COURT, THE COURT MAY ISSUE AN
 ORDER EXTENDING THE ADJOURNMENT IN CONTEMPLATION  OF  DISMISSAL  FOR  AN
 ADDITIONAL  PERIOD OF UP TO ONE YEAR UPON TERMS AND CONDITIONS AGREEABLE
 TO THE PARTIES AND TO THE COURT.
   5.  UPON  APPLICATION  OF  THE  PETITIONER ALLEGING A VIOLATION OF THE
 TEMPORARY ORDER OF PROTECTION, OR UPON THE COURT'S OWN MOTION,  MADE  AT
 ANY  TIME  DURING  THE  DURATION  OF THE ADJOURNMENT IN CONTEMPLATION OF
 DISMISSAL, THE COURT MAY RESTORE THE MATTER TO THE CALENDAR IF THE COURT
 FINDS AFTER A HEARING  BASED  UPON  COMPETENT,  RELEVANT,  AND  MATERIAL
 EVIDENCE  THAT  THE  RESPONDENT  HAS FAILED TO COMPLY WITH THE TERMS AND
 CONDITIONS OF THE TEMPORARY ORDER OF PROTECTION.    PENDING  A  DETERMI-
 NATION  AFTER A HEARING, THE COURT MAY TOLL THE EXPIRATION OF ANY OF THE
 PROVISIONS OF THE ORDER OF ADJOURNMENT IN  CONTEMPLATION  OF  DISMISSAL,
 MODIFY  AND/OR  EXTEND THE TEMPORARY ORDER OF PROTECTION, OR ISSUE A NEW
 TEMPORARY ORDER OF PROTECTION.
   6. IF THE PROCEEDING IS NOT RESTORED TO THE CALENDAR AT THE EXPIRATION
 OF THE ADJOURNMENT PERIOD, THE PETITION IS DEEMED TO HAVE BEEN DISMISSED
 BY THE COURT IN FURTHERANCE OF JUSTICE, UNLESS AN APPLICATION IS PENDING
 PURSUANT TO SUBDIVISION FOUR OF THIS  SECTION.  IF  THE  APPLICATION  TO
 RESTORE THE PETITION IS GRANTED, THE PETITION SHALL NOT BE DISMISSED AND
 UNLESS  THE  PARTIES AGREE TO EXTEND THE ORDER OF ADJOURNMENT IN CONTEM-
 PLATION OF DISMISSAL OR TO DISMISSAL OF THE PETITION,  THE  COURT  SHALL
 PROCEED  EITHER TO A FACT-FINDING HEARING OR TO A DISPOSITIONAL HEARING,
 IF SUCH ORDER WAS ISSUED AFTER FACT-FINDING.
   § 2. Subdivision (e) of section 841 of the family court act, as  added
 by chapter 222 of the laws of 1994, is amended and a new subdivision (f)
 is added to read as follows:
   (e)  directing  payment  of restitution in an amount not to exceed ten
 thousand dollars. An order of restitution may  be  made  in  conjunction
 with any order of disposition authorized under subdivisions (b), (c), or
 (d)  of this section. In no case shall an order of restitution be issued
 where the court determines that the respondent  has  already  paid  such
 restitution as part of the disposition or settlement of another proceed-
 ing arising from the same act or acts alleged in the petition before the
 court[.]; OR
   (F)  ADJOURNING  THE PETITION IN CONTEMPLATION OF DISMISSAL IN ACCORD-
 ANCE WITH SECTION EIGHT HUNDRED TWENTY-NINE OF THIS ARTICLE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.