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Sponsors
No co-sponsors yet.
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.
Relates to temporary restraining orders
In Assembly Committee · Judiciary · Sponsor Vito Lopez
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4034
Title of bill
An act to amend the civil practice law and rules, in relation to temporary restraining orders
Purpose or general idea of bill
The purpose of this legislation is to require that a judge within 10 days of granting a Temporary Restraining Order (TRO), have a hearing on that same order unless both sides affected by the order agree not to have a hearing. If the hearing is not held, the order would automatically be vacated and no new TRO be would be granted. If after the ten days, the judge has not issued a decision on the TRO, The party seeking order would be required to post a bond.
Justification
This bill was introduced to work jointly within the spirit of the law, The idea behind the temporary restraining orders is that they are to be used for a short period of time. By requiring that judicial action take place within the 10 days, it would allow either side to have a judicial record on which to appeal if either side chooses. Also by requiring the posting of bonds should a side lose, both sides will can be made whole at the completion of the legal proceedings.
Prior legislative history
New legislation.
Fiscal implications
No direct impact to the state.
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.