Relates to orders of protection in juvenile delinquency proceedings

Title of bill

An act to amend the family court act, in relation to orders of protection in juvenile delinquency proceedings

This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee.

In 1998, sections 530.12 and 530.13 of the Criminal Procedure Law were amended to authorize issuance of orders of protection to protect designated witnesses in criminal proceedings. However, no comparable provision was added to the juvenile delinquency article of the Family Court Act. Without an explicit provision or incorporation by reference of the criminal provision, it is inapplicable to juvenile delinquency proceedings, even though those cases are quasi-criminal in nature and may involve similar needs to protect witnesses.

Without an explicit provision authorizing an order of protection to protect witnesses, Family Court is constrained only to protect the complainant, producing an anomalous result not at all justified by any differences between the criminal and juvenile justice systems. Section 303.1(1) of the Family Court Act prohibits application of the Criminal Procedure Law unless "specifically prescribed" by the Family Court Act.Accordingly, in order to provide that specific authorization, we propose an amendment to section 352.3 of the Act, adding to it language that is identical to that of sections 530.12 and 530.13 of the Criminal Procedure Law.

This measure, which would have no fiscal impact upon the State, would take effect 90 days after becoming a law.

2008 LEGISLATIVE HISTORY :

None. New proposal.