Assembly Bill A6306

2023-2024 Legislative Session

Relates to temporary orders of protection

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • 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-A6306 (ACTIVE) - Details

See Senate Version of this Bill:
S2861
Current Committee:
Assembly Children And Families
Law Section:
Family Court Act
Laws Affected:
Amd §304.2, Fam Ct Act

2023-A6306 (ACTIVE) - Summary

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

2023-A6306 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6306
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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 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.
                                                            LBD06389-04-3

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