Assembly Bill A6755

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6755
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2025
                                ___________
 
 Introduced by M. of A. SIMONE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to  amend  the judiciary law, in relation to a pilot program to
   create an elder court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The judiciary law is amended by adding a new article 5-C to
 read as follows:
 
                                ARTICLE 5-C
                         ELDER COURT PILOT PROGRAM
 
 SECTION 178. DEFINITION.
         178-A. ELDER COURT PILOT PROGRAM.
   §  178.  DEFINITION.  FOR PURPOSES OF THIS ARTICLE "ELDER COURT" SHALL
 REFER TO BOTH OF THE FOLLOWING WHEN THEY ARE SIMULTANEOUSLY  PENDING  IN
 THE  COUNTY: AN ELDER ABUSE, DOMESTIC VIOLENCE, OR CRIMINAL CASE INVOLV-
 ING A CARETAKER COMMENCED IN A CRIMINAL COURT; AND A CASE  COMMENCED  IN
 SUPREME  OR  FAMILY  COURT THAT INVOLVES A PARTY OR WITNESS IN THE ELDER
 ABUSE, DOMESTIC VIOLENCE OR CRIMINAL CASE. THE  CHIEF  ADMINISTRATOR  OF
 THE  COURTS  SHALL  PROMULGATE  THROUGH  RULES AND REGULATIONS ANY OTHER
 ELDER COURT ELIGIBLE CASE.
   § 178-A. ELDER COURT PILOT PROGRAM. 1.  WITHIN  AMOUNTS  APPROPRIATED,
 THE  CHIEF  ADMINISTRATOR  OF  THE COURTS SHALL ESTABLISH AN ELDER COURT
 PILOT PROGRAM TO OPERATE IN UP TO SIX COUNTIES IN THE STATE TO STUDY THE
 EFFECTIVENESS OF SENIOR-SPECIFIC  JUDICIAL  PROGRAMMING  IN  THE  STATE.
 FOLLOWING  CONSULTATION WITH AND AGREEMENT OF THE PRESIDING JUDGE OF THE
 JUDICIAL DEPARTMENT IN WHICH A COUNTY IS LOCATED, THE CHIEF  ADMINISTRA-
 TOR, BY ADMINISTRATIVE ORDER, MAY ESTABLISH AN ELDER COURT PILOT PROGRAM
 IN  SUCH  COUNTY,  MAKE  MONIES AVAILABLE FOR THE OPERATION OF THE ELDER
 COURT PILOT PROGRAM, AND ASSIGN  ONE  OR  MORE  JUDGES  OR  JUSTICES  TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07616-01-5
              

 A. 6755                             2
 
 PRESIDE  THEREIN.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ESTABLISH
 THROUGH RULES AND REGULATIONS EACH PILOT COURT  SO  AS  TO  ENSURE  THAT
 CASES  PENDING  BEFORE  IT ARE IDENTIFIED AS ELDER COURT-ELIGIBLE AT THE
 EARLIEST  POSSIBLE  TIME,  AND  ESTABLISH PROCEDURES FOR THE TRANSFER OF
 ELIGIBLE CASES.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS, AND PARTICIPATING  COUNTIES,
 MAY PARTNER WITH LOCAL NOT-FOR-PROFIT ORGANIZATIONS, UNIVERSITIES, MUNI-
 CIPALITIES,  TRIAD  TEAMS,  MULTI-DISCIPLINARY TEAMS, OR SENIOR ADVOCACY
 GROUPS TO TRACK INFORMATION, ASSESS SERVICE NEEDS, AND COLLECT  INFORMA-
 TION  FOR THE PILOT PROGRAM STUDY. UPON COMPLETION OF THE PILOT PROGRAM,
 THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ISSUE A  REPORT  DOCUMENTING
 THE  ELDER  COURT  PILOT PROGRAM INITIATIVES AND INCLUDE RECOMMENDATIONS
 FOR THE ESTABLISHMENT OF STATEWIDE ELDER COURT  OPERATIONS.  THE  REPORT
 SHALL INCLUDE, BUT NOT BE LIMITED TO, RECOMMENDATIONS REGARDING:
   A.  JUDICIAL OFFICER AND COURT STAFF TRAINING REGARDING SPECIFIC NEEDS
 AND ISSUES THAT MAY ARISE IN ELDER CASES, INCLUDING BUT NOT LIMITED  TO,
 THE  DEVELOPMENT  OF  ELDER-SPECIFIC CURRICULUM AND TECHNICAL ASSISTANCE
 MATERIALS FOR JUDGES AND COURT STAFF;
   B. THE CHARACTERISTICS AND NEEDS OF ELDERLY LITIGANTS AND THEIR CASES,
 INCLUDING BUT NOT LIMITED TO ADJUSTMENT  OF  COURT  HOURS,  COORDINATION
 WITH   SOCIAL   SERVICES   OR  NOT-FOR-PROFIT  ENTITIES,  TRANSPORTATION
 CONCERNS, AND COMMUNITY SUPPORT AVAILABLE DURING THE COURSE OF THE  CASE
 AND AFTER;
   C. BEST PRACTICES FOR THE ESTABLISHMENT OF ELDER COURTS INCLUDING, BUT
 NOT  LIMITED  TO,  CONSIDERATION OF ADMINISTRATION POLICIES, COURT PRAC-
 TICES, AND LITIGANT EXPERIENCES; AND
   D. POLICY AND STATUTORY CHANGES THAT ARE GENERALIZED  ACROSS  PROGRAMS
 AND MAY ASSIST IN THE PROSECUTION OF ELDER ABUSE CASES.
   3.  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CHIEF ADMINISTRATOR OF
 THE COURTS FROM DESIGNATING A PREEXISTING PROGRAM THAT QUALIFIES  AS  AN
 ELDER  COURT FROM PARTICIPATING IN THE PILOT PROGRAM. THE CHIEF ADMINIS-
 TRATOR OF THE COURTS SHALL ALSO, WITHIN THEIR DISCRETION, UTILIZE PREEX-
 ISTING INTEGRATED COURTS PARTS FOR OPERATION OF THE  ELDER  COURT  PILOT
 PROGRAM WHERE COMPATIBLE.
   4.  NOTHING  IN THIS SECTION SHALL PRECLUDE THE CHIEF ADMINISTRATOR OF
 THE COURTS, OR A STATE ENTITY,  FROM  APPLYING  FOR  QUALIFYING  FEDERAL
 MONIES  OR  PRIVATE  FUNDS TO ASSIST IN THE OPERATION OF THE ELDER COURT
 PILOT PROGRAM.
   5. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT  THE  REPORT  TO
 THE  GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
 THE ASSEMBLY WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION. THE
 REPORT SHALL ALSO BE DISTRIBUTED ON THE OFFICE OF  COURT  ADMINISTRATION
 PUBLIC WEBSITE.
   § 2. This act shall take effect immediately.