Senate Bill S2737

Signed By Governor
2021-2022 Legislative Session

Eliminates the use of the term "incorrigible"

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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2021-S2737 (ACTIVE) - Details

See Assembly Version of this Bill:
A5873
Law Section:
Family Court Act
Laws Affected:
Amd §§712, 732, 773 & 1012, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
S7930, A10141

2021-S2737 (ACTIVE) - Summary

Eliminates the use of the term "incorrigible".

2021-S2737 (ACTIVE) - Sponsor Memo

2021-S2737 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2737
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BIAGGI, BRISPORT, KRUEGER, LIU, MAY, MYRIE
   -- 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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