Bill Text: NY S02861 | 2023-2024 | General Assembly | Amended

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CHILDREN AND FAMILIES [S02861 Detail]

Download: New_York-2023-S02861-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2861--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section  1. Section 304.2 of the family court act, as added by chapter
     2  683 of the laws of 1984, is amended to read as follows:
     3    § 304.2. Temporary order of protection. (1) Upon  application  by  the
     4  presentment  agency, the court may issue a temporary order of protection
     5  against a respondent for good cause shown, ex parte or upon  notice,  at
     6  any  time  after  a  juvenile is taken into custody, pursuant to section
     7  305.1 or 305.2 or upon the issuance of an appearance ticket pursuant  to
     8  section 307.1 or upon the filing of a petition pursuant to section 310.1
     9  or  upon application of the county probation department as a part of the
    10  adjustment process pursuant to CFR 204.31  and  section  205.31  of  the
    11  uniform rules for the family court.
    12    (2)  A temporary order of protection may contain any of the provisions
    13  authorized on the making of an order of protection under section 352.3.
    14    (3) A temporary order of protection is not a finding of wrongdoing.
    15    (4) A temporary order of protection may  remain  in  effect  until  an
    16  order of disposition is entered.
    17    § 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