Assembly Bill A6545

Signed By Governor
2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-A6545 (ACTIVE) - Details

See Senate Version of this Bill:
S7535
Law Section:
Family Court Act
Laws Affected:
Amd §§154-c & 304.2, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
A7649

2023-A6545 (ACTIVE) - Summary

Relates to orders of protection expiration dates 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; provides that the juvenile has a right to counsel upon the extension of the order of protection.

2023-A6545 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6545
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 14, 2023
                                ___________
 
 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  orders  of
   protection  expiration  dates  and  permissible  duration of temporary
   orders of protection in juvenile delinquency cases in family court
 
   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.  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 THIRTY DAYS AND MAY BE EXTENDED BY THE COURT FOR AN ADDITIONAL
 PERIOD OF UP TO THIRTY DAYS UPON GOOD CAUSE  OR,  WHERE  THE  JUVENILE'S
 CASE  IS BEING ADJUSTED PURSUANT TO SECTION 308.1 OF THIS ARTICLE, FOR A
 PERIOD COINCIDING WITH SUCH ADJUSTMENT.   IF THE  JUVENILE  SUCCESSFULLY
 COMPLETES ADJUSTMENT PRIOR TO THE EXPIRATION OF THE ORDER, THE PROBATION
 SERVICE, PRESENTMENT AGENCY OR ATTORNEY FOR THE CHILD MAY MOVE TO VACATE
 SUCH TEMPORARY ORDER OF PROTECTION UPON SUCH SUCCESSFUL COMPLETION.
   B.  A  TEMPORARY  ORDER OF PROTECTION ISSUED UNDER THIS SECTION MAY BE
 EXTENDED FOR ONE ADDITIONAL PERIOD OF UP TO THIRTY DAYS UPON  A  FINDING
 BY  THE  COURT  OF  A  COMPELLING  REASON.  WHERE  THE CASE IS NOT BEING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09756-02-3

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