S T A T E O F N E W Y O R K
________________________________________________________________________
8730
2025-2026 Regular Sessions
I N A S S E M B L Y
June 2, 2025
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
on Judiciary
AN ACT to amend the family court act, in relation to dispositions in
family offense cases and orders of protection against a child under
the age of eighteen who is alleged to be a person in need of super-
vision or to have committed a family offense
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (a) of section 759 of the family court act, as
amended by chapter 483 of the laws of 1995, is amended to read as
follows:
(a) to stay away from the home, school, business or place of employ-
ment of any other party, the other spouse, the other parent or the
child, and to stay away from any other specific location designated by
the court, PROVIDED, HOWEVER, THAT WHERE THE RESPONDENT RESIDES WITH A
PARENT, OTHER PERSON LEGALLY RESPONSIBLE OR OTHER PARTY, NO ORDER OF
PROTECTION OR TEMPORARY ORDER OF PROTECTION SHALL BE ISSUED THAT DIRECTS
THE RESPONDENT TO STAY AWAY FROM THE HOME OF SUCH INDIVIDUAL IF, AFTER
INQUIRY, THE COURT DETERMINES THAT THE EFFECT OF SUCH ORDER WOULD LEAVE
THE RESPONDENT WITHOUT AN APPROPRIATE ALTERNATIVE RESIDENCE EITHER WITH
A RELATIVE OR OTHER SUITABLE PERSON OR IN PRE-DISPOSITIONAL OR DISPOSI-
TIONAL PLACEMENT UNDER SECTION SEVEN HUNDRED FORTY OR SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE;
§ 2. Paragraphs (a) and (c) of subdivision 3 of section 821-a of the
family court act, as added by chapter 222 of the laws of 1994, are
amended and a new subdivision 7 is added to read as follows:
(a) advise the parties of the right to retain legal representation or,
if indigent, the right to have counsel appointed pursuant to section two
hundred sixty-two of this act AND, IF THE RESPONDENT IS UNDER THE AGE OF
EIGHTEEN AND THE PETITIONER IS A PARENT OR OTHER PERSON LEGALLY RESPON-
SIBLE FOR THE RESPONDENT, THE RIGHT TO HAVE A GUARDIAN AD LITEM
APPOINTED, IF THE COURT DEEMS IT APPROPRIATE;
(c) provide the respondent with a copy of such petition; and the court
may:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11989-01-5
A. 8730 2
(i) order the release of the respondent on [his or her] SUCH RESPOND-
ENT'S own recognizance pending further appearances as required by the
court;
(ii) IF THE RESPONDENT IS UNDER THE AGE OF EIGHTEEN, APPOINT A GUARDI-
AN AD LITEM FOR THE RESPONDENT IF THE COURT DEEMS IT APPROPRIATE;
(III) WHERE THE RESPONDENT IS OVER THE AGE OF EIGHTEEN, direct that
the respondent post bail in a manner authorized pursuant to section one
hundred fifty-five-a of this act in an amount set by the court; or
[(iii)] (IV) WHERE THE RESPONDENT IS OVER THE AGE OF EIGHTEEN, issue a
commitment order directing that the respondent be remanded to the custo-
dy of the county sheriff or other appropriate law enforcement official
until such time as bail is posted as required by the court.
7. AT ANY TIME UPON OR AFTER THE FILING OF A PETITION UNDER THIS ARTI-
CLE BY A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE AGAINST A CHILD
UNDER THE AGE OF EIGHTEEN, THE COURT MAY, ON ITS OWN MOTION OR ON MOTION
OF ANY PARTY, SUBSTITUTE A PETITION ALLEGING THAT THE CHILD IS A PERSON
IN NEED OF SUPERVISION, PROVIDED, HOWEVER, THAT IF THE PETITION HAS BEEN
FILED BY A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE AGAINST A CHILD
UNDER THE AGE OF TWELVE, THE COURT SHALL SUBSTITUTE A PETITION ALLEGING
THAT THE CHILD IS A PERSON IN NEED OF SUPERVISION AT SUCH TIME AS THE
PETITIONER FIRST APPEARS IN COURT.
§ 3. Subdivisions (b) and (c) of section 841 of the family court act,
subdivision (b) as amended by chapter 706 of the laws of 1988 and subdi-
vision (c) as amended by chapter 222 of the laws of 1994, are amended to
read as follows:
(b) suspending judgment for a period not in excess of six months, AND
REQUIRING A RESPONDENT TO PARTICIPATE IN A BATTERER'S EDUCATION PROGRAM
DESIGNED TO HELP END VIOLENT BEHAVIOR, AND MAY INCLUDE REFERRAL TO DRUG
AND ALCOHOL AND MENTAL HEALTH COUNSELING, AND TO PAY THE COSTS THEREOF
IF THE RESPONDENT HAS THE MEANS TO DO SO, PROVIDED HOWEVER THAT NOTHING
CONTAINED HEREIN SHALL BE DEEMED TO REQUIRE PAYMENT OF THE COSTS OF ANY
SUCH PROGRAM BY THE PETITIONER, THE STATE OR ANY POLITICAL SUBDIVISION
THEREOF; or
(c) placing the respondent on probation for a period not exceeding one
year, and requiring respondent to participate in a batterer's education
program designed to help end violent behavior, [which] AND may include
referral to drug and alcohol AND MENTAL HEALTH counseling, and to pay
the costs thereof if respondent has the means to do so, provided
however, that nothing contained herein shall be deemed to require
payment of the costs of any such program by the petitioner, the state or
any political subdivision thereof; or
§ 4. Section 842 of the family court act is amended by adding a new
closing paragraph to read as follows:
WHERE THE RESPONDENT WAS UNDER THE AGE OF EIGHTEEN AT THE TIME OF THE
FILING OF THE PETITION AND RESIDES WITH THE PETITIONER OR OTHER PARTY
WHO SEEKS THE RESPONDENT'S EXCLUSION FROM THE HOME, THE COURT SHALL
INQUIRE WHETHER THE RESPONDENT HAS A RELATIVE OR OTHER SUITABLE PERSON
WITH WHOM TO RESIDE. IN SUCH CASES, NO ORDER OF PROTECTION OR TEMPORARY
ORDER OF PROTECTION SHALL BE ISSUED UNDER THIS SECTION DIRECTING THE
RESPONDENT TO STAY AWAY FROM SUCH HOME IF THE COURT DETERMINES THAT THE
EFFECT OF SUCH ORDER WOULD LEAVE THE RESPONDENT WITHOUT AN APPROPRIATE
ALTERNATIVE RESIDENCE.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law.