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Senate Bill S2861A

2023-2024 Legislative Session

Relates to temporary orders of protection

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

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Bill Amendments

2023-S2861 - Details

See Assembly Version of this Bill:
A6306
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §304.2, Fam Ct Act
Versions Introduced in 2025-2026 Legislative Session:
S191

2023-S2861 - Summary

Provides that the county probation department may apply for a temporary order of protection as part of the adjustment process.

2023-S2861 - Sponsor Memo

2023-S2861 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2861
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- 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 temporary orders of
   protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Section 304.2 of the family court act, as added by chapter
 683 of the laws of 1984, is amended to read as follows:
   § 304.2. Temporary order of protection. (1) Upon  application  by  the
 presentment  agency, the court may issue a temporary order of protection
 against a respondent for good cause shown, ex parte or upon  notice,  at
 any  time  after  a  juvenile is taken into custody, pursuant to section
 305.1 or 305.2 or upon the issuance of an appearance ticket pursuant  to
 section 307.1 or upon the filing of a petition pursuant to section 310.1
 OR  UPON APPLICATION OF THE COUNTY PROBATION DEPARTMENT AS A PART OF THE
 ADJUSTMENT PROCESS PURSUANT TO CFR 204.31.
   (2) A temporary order of protection may contain any of the  provisions
 authorized on the making of an order of protection under section 352.3.
   (3) A temporary order of protection is not a finding of wrongdoing.
   (4)  A  temporary  order  of  protection may remain in effect until an
 order of disposition is entered.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06389-01-3

co-Sponsors

2023-S2861A (ACTIVE) - Details

See Assembly Version of this Bill:
A6306
Current Committee:
Senate Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §304.2, Fam Ct Act
Versions Introduced in 2025-2026 Legislative Session:
S191

2023-S2861A (ACTIVE) - Summary

Provides that the county probation department may apply for a temporary order of protection as part of the adjustment process.

2023-S2861A (ACTIVE) - Sponsor Memo

2023-S2861A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2861--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and  Families  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the family court act, in relation to temporary orders of
   protection

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 304.2 of the family court act, as added by chapter
 683 of the laws of 1984, is amended to read as follows:
   § 304.2. Temporary order of protection. (1) Upon  application  by  the
 presentment  agency, the court may issue a temporary order of protection
 against a respondent for good cause shown, ex parte or upon  notice,  at
 any  time  after  a  juvenile is taken into custody, pursuant to section
 305.1 or 305.2 or upon the issuance of an appearance ticket pursuant  to
 section 307.1 or upon the filing of a petition pursuant to section 310.1
 OR  UPON APPLICATION OF THE COUNTY PROBATION DEPARTMENT AS A PART OF THE
 ADJUSTMENT PROCESS PURSUANT TO CFR 204.31  AND  SECTION  205.31  OF  THE
 UNIFORM RULES FOR THE FAMILY COURT.
   (2)  A temporary order of protection may contain any of the provisions
 authorized on the making of an order of protection under section 352.3.
   (3) A temporary order of protection is not a finding of wrongdoing.
   (4) A temporary order of protection may  remain  in  effect  until  an
 order of disposition is entered.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06389-03-3

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