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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Authorizes references for orders of protection to judicial hearing officers or referees at any time and requires training about domestic violence for them
In Assembly Committee · Judiciary · Sponsor Susan John
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the judiciary law, in relation to authorizing references for orders of protection to judicial hearing officers or referees
Purpose or general idea of bill
This bill authorizes the use of judicial hearing officers and referees to hear and determine ex parte petitions for orders of protection in domestic violence cases.
Summary of specific provisions
The bill amends section 212(n) of the judiciary law to authorize a court pursuant to the CPLR to order a reference to a judicial hearing officer or referee to determine ex parte orders of protection and requires training about domestic violence for judicial hearing officers and referees.
Justification
This legislation adds resources who are qualified and specially trained about domestic violence to hear petitions for orders of protection in domestic violence cases. Additional resources will assure timely and effective judicial intervention for victims of domestic violence.
One of the chief complaints of court users is the significant delays experienced by self-represented litigants who file petitions in Family Court. And, the number of cases assigned to family courts have increased significantly. In Monroe County Family Court the caseload before the court has increased by more than 250 percent since 1979 but only one judge has been added to the court. As a result, delays are common and, in cases of domestic violence, these delays can be dangerous, even deadly, for victims and their children. All Family Court caseloads have increased in recent months due to 2008 expanded access to orders of protection.
Judicial hearing officers and referees in New York can now hear ex parte petitions for orders of protection in family court - but only in some courts and at some times. This legislation would extend the use of judicial hearing officers and referees regardless of place or time.
Prior legislative history
A8580 of 2005-2006: referred to Judiciary A.3486 of 2007-08: referred to Judiciary
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.