Bill Text: NY S03287 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for modification or vacating of dispositional orders of the family court in juvenile delinquency proceedings in accordance with the criminal procedure law; eliminates a provision authorizing a new fact-finding hearing without the necessity of a substantial change of circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-15 - REFERRED TO CHILDREN AND FAMILIES [S03287 Detail]

Download: New_York-2011-S03287-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3287
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 15, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the family court act, in relation to staying,  modifying
         or terminating certain orders in juvenile delinquency proceedings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 355.1 of the family court act is amended by  adding
    2  two new subdivisions 4 and 5 to read as follows:
    3    4.  AT  ANY  TIME AFTER THE ENTRY OF A FINDING UNDER SECTION 352.1 THE
    4  COURT MAY, UPON MOTION OF THE RESPONDENT, VACATE SUCH FINDING IN ACCORD-
    5  ANCE WITH SECTION 440.10 OF THE CRIMINAL PROCEDURE LAW.
    6    5. AT ANY TIME AFTER THE ENTRY OF A DISPOSITIONAL ORDER UNDER  SECTION
    7  352.2 THE COURT MAY:
    8    (A)  UPON  MOTION OF THE RESPONDENT VACATE SUCH DISPOSITION IN ACCORD-
    9  ANCE WITH SECTION 440.20 OF THE CRIMINAL PROCEDURE LAW; OR
   10    (B) UPON MOTION OF THE PRESENTMENT AGENCY SET ASIDE  SUCH  DISPOSITION
   11  IN ACCORDANCE WITH SECTION 440.40 OF THE CRIMINAL PROCEDURE LAW.
   12    S  2.  Subdivision  1  of  section  355.1  of the family court act, as
   13  amended by chapter 398 of the laws  of  1983,  is  amended  to  read  as
   14  follows:
   15    1.  Upon a showing of a substantial change of circumstances, the court
   16  may on its own motion or on motion of the respondent or  his  parent  or
   17  person responsible for his care:
   18    (a) grant a new [fact-finding or] dispositional hearing; or
   19    (b)  stay  execution  of,  set  aside, modify, terminate or vacate any
   20  order issued in the course of a proceeding under this article.
   21    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06668-01-1