senate Bill S6074

2021-2022 Legislative Session

Relates to the right to assistance of counsel for custody and guardianship proceedings

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 21, 2022 referred to ways and means
delivered to assembly
passed senate
Mar 09, 2022 amended on third reading 6074a
Jan 18, 2022 advanced to third reading
Jan 12, 2022 2nd report cal.
Jan 11, 2022 1st report cal.126
reported and committed to finance
Jan 05, 2022 referred to judiciary
returned to senate
died in assembly
Jun 02, 2021 referred to children and families
delivered to assembly
passed senate
May 24, 2021 ordered to third reading cal.1289
committee discharged and committed to rules
May 11, 2021 reported and committed to finance
Apr 05, 2021 referred to judiciary

Votes

view votes

Jan 11, 2022 - Finance committee Vote

S6074
21
0
committee
21
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Finance committee vote details

Jan 11, 2022 - Judiciary committee Vote

S6074
14
0
committee
14
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: Jan 11, 2022

aye wr (1)

May 24, 2021 - Rules committee Vote

S6074
17
0
committee
17
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

May 11, 2021 - Judiciary committee Vote

S6074
11
0
committee
11
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Judiciary Committee Vote: May 11, 2021

Co-Sponsors

S6074 - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§262 & 1094, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
S5434

S6074 - Summary

Relates to expanding the right to assistance of counsel to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

S6074 - Sponsor Memo

S6074 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6074
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to expanding the right
   to assistance of counsel to include petitioner kinship  caregivers  in
   custody  and  guardianship proceedings and respondents in guardianship
   proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 262 of the family court act, as
 added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
 amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
 graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
 of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
 laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
 1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
 is amended to read as follows:
   (a) Each of the persons described below in this  subdivision  has  the
 right  to  the  assistance of counsel. When such person first appears in
 court, the judge shall advise such person before proceeding that  he  or
 she  has the right to be represented by counsel of his or her own choos-
 ing, of the right to have an adjournment to confer with counsel, and  of
 the  right to have counsel assigned by the court in any case where he or
 she is financially unable to obtain the same:
   (i) the respondent in any proceeding under article  ten  or  ten-A  of
 this  act and the petitioner in any proceeding under part eight of arti-
 cle ten of this act;
   (ii) the petitioner and the respondent in any proceeding under article
 eight of this act;
   (iii) the respondent in any proceeding under part  three  OR  FOUR  of
 article six of this act;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01510-01-1

Co-Sponsors

S6074A (ACTIVE) - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§262 & 1094, Fam Ct Act
Versions Introduced in 2019-2020 Legislative Session:
S5434

S6074A (ACTIVE) - Summary

Relates to expanding the right to assistance of counsel to include respondents in guardianship proceedings and kinship caregivers in custody and guardianship proceedings.

S6074A (ACTIVE) - Sponsor Memo

S6074A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6074--A
     Cal. No. 126
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               April 5, 2021
                                ___________
 
 Introduced  by Sens. SALAZAR, BIAGGI, GAUGHRAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  recommitted  to the Committee on Judiciary in accordance with
   Senate Rule 6, sec. 8 -- reported favorably from  said  committee  and
   committed  to the Committee on Finance -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the family court act, in relation to expanding the right
   to assistance of counsel to include petitioner kinship  caregivers  in
   custody  and  guardianship proceedings and respondents in guardianship
   proceedings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (a) of section 262 of the family court act, as
 added by chapter 682 of the laws  of  1975,  the  opening  paragraph  as
 amended  by  section 3 of part A of chapter 3 of the laws of 2005, para-
 graphs (i) and (iv) as amended and paragraph (ix) as added by chapter  3
 of  the  laws  of  2012, paragraph (ii) as amended by chapter 693 of the
 laws of 1981, paragraph (iii) as amended by chapter 666 of the  laws  of
 1976,  and paragraph (viii) as added by chapter 456 of the laws of 1978,
 is amended to read as follows:
   (a) Each of the persons described below in this  subdivision  has  the
 right  to  the  assistance of counsel. When such person first appears in
 court, the judge shall advise such person before proceeding that  he  or
 she  has the right to be represented by counsel of his or her own choos-
 ing, of the right to have an adjournment to confer with counsel, and  of
 the  right to have counsel assigned by the court in any case where he or
 she is financially unable to obtain the same:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01510-03-2
 S. 6074--A                          2

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