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History
- Referred to children and families
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.
Provides for the time of staying, modifying or terminating family court orders in juvenile delinquency proceedings
In Assembly Committee · Children And Families · Sponsor Vito Lopez
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3287
Title of bill
An act to amend the family court act, in relation to staying, modifying or terminating certain orders in juvenile delinquency proceedings
Summary
This bill would add new subdivisions four and five to Family Court Act 355.1. In addition, it would grant Family Court judges the statutory authority to stay, modify or terminate certain orders made in juvenile delinquent proceedings. This authority would parallel existing provisions which grant such authority to judges in adult criminal proceedings.
Justification
Family Court Act 355.1 is currently the only section which addresses post-dispositional motions in juvenile delinquency proceedings. As such, it represents the exclusive Family Court statutory vehicle for challenging errors which are not discovered until the disposition has been completed and the time to appeal has elapsed. Although the Family Court may grant a new fact-finding or dispositional hearing under existing law, the prerequisite of a "substantial change of circumstances" cannot be met when the respondent's motion is predicted solely upon a legal defect in the original proceeding. For example, the disposition may be unauthorized or invalid thereby necessitating a new dispositional hearing. New evidence may have been violated, necessitating a new fact-finding hearing. Although in such instances where the circumstances have not changed, the respondent is justified in demanding relief. Faced with the statutory shortcoming in the current section, the courts invoked their inherent power to order new proceeding or vacate orders in the interest of justice. The ability to order such relief, when justified, should be codified in the Family Court Act. The Criminal Procedure Law includes a series of sections governing motions to vacate a criminal judgment or set aside a sentence, but similar provisions are not presently incorporated in the Family Court Act. This bill would accomplish this result in accordance with Family Court procedures. At the same time, this bill would also preserve the historic Family Court Act to modify or grant new dispositions based on substantial changes in circumstances.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.