Bill Text: NY A07683 | 2021-2022 | General Assembly | Introduced

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Bill Title: Authorizes adjournments in contemplation of dismissal in family offense cases in family court.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2022-02-16 - REFERRED TO JUDICIARY [A07683 Detail]

Download: New_York-2021-A07683-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7683

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2021
                                       ___________

        Introduced  by  M.  of  A.  LAVINE -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on  Judici-
          ary

        AN  ACT  to  amend  the  family  court  act,  in relation to authorizing
          adjournments in contemplation of dismissal in family offense cases  in
          family court

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The family court act is amended by adding a new section 829
     2  to read as follows:
     3    § 829. Adjournment in contemplation of dismissal.  1. Prior to or upon
     4  a fact-finding hearing, with the  consent  of  the  petitioner  and  the
     5  respondent  and  with  the  approval of the court, the proceeding may be
     6  adjourned in contemplation of dismissal. The court  shall  consider  the
     7  position of the attorney for the child, if one has been appointed. Under
     8  no  circumstances shall the court order any party to consent to an order
     9  under this section.
    10    2. An "adjournment  in  contemplation  of  dismissal"  shall  mean  an
    11  adjournment  of  the proceeding for a period not to exceed one year with
    12  an expectation of ultimate dismissal of the petition in  furtherance  of
    13  justice.
    14    3. Such order of adjournment in contemplation of dismissal may include
    15  terms  and  conditions  agreeable  to  the parties and to the court. The
    16  court may, as a condition of such order,  issue  a  temporary  order  of
    17  protection in accordance with section eight hundred twenty-eight of this
    18  part.  The  duration of the temporary order of protection may not exceed
    19  the length of the adjournment in contemplation of dismissal.  Compliance
    20  with the temporary order of protection shall be a condition of the order
    21  of adjournment in contemplation of dismissal.
    22    4.  Upon  consent of the petitioner and respondent, and upon consider-
    23  ation of the position of the attorney for the child,  if  one  has  been

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10332-01-1
        A. 7683                             2

     1  appointed,  and  with  the approval of the court, the court may issue an
     2  order extending the adjournment in contemplation  of  dismissal  for  an
     3  additional  period of up to one year upon terms and conditions agreeable
     4  to the parties and to the court.
     5    5.  Upon  application  of  the  petitioner alleging a violation of the
     6  temporary order of protection, or upon the court's own motion,  made  at
     7  any  time  during  the  duration  of the adjournment in contemplation of
     8  dismissal, the court may restore the matter to the calendar if the court
     9  finds after a hearing  based  upon  competent,  relevant,  and  material
    10  evidence  that  the  respondent  has failed to comply with the terms and
    11  conditions of the temporary order of protection.    Pending  a  determi-
    12  nation  after a hearing, the court may toll the expiration of any of the
    13  provisions of the order of adjournment in  contemplation  of  dismissal,
    14  modify  and/or  extend the temporary order of protection, or issue a new
    15  temporary order of protection.
    16    6. If the proceeding is not restored to the calendar at the expiration
    17  of the adjournment period, the petition is deemed to have been dismissed
    18  by the court in furtherance of justice, unless an application is pending
    19  pursuant to subdivision four of this  section.  If  the  application  to
    20  restore the petition is granted, the petition shall not be dismissed and
    21  unless  the  parties agree to extend the order of adjournment in contem-
    22  plation of dismissal or to dismissal of the petition,  the  court  shall
    23  proceed  either to a fact-finding hearing or to a dispositional hearing,
    24  if such order was issued after fact-finding.
    25    § 2. Subdivision (e) of section 841 of the family court act, as  added
    26  by chapter 222 of the laws of 1994, is amended and a new subdivision (f)
    27  is added to read as follows:
    28    (e)  directing  payment  of restitution in an amount not to exceed ten
    29  thousand dollars. An order of restitution may  be  made  in  conjunction
    30  with any order of disposition authorized under subdivisions (b), (c), or
    31  (d)  of this section. In no case shall an order of restitution be issued
    32  where the court determines that the respondent  has  already  paid  such
    33  restitution as part of the disposition or settlement of another proceed-
    34  ing arising from the same act or acts alleged in the petition before the
    35  court[.]; or
    36    (f)  adjourning  the petition in contemplation of dismissal in accord-
    37  ance with section eight hundred twenty-nine of this article.
    38    § 3. This act shall take effect on the ninetieth day  after  it  shall
    39  have become a law.