Bill Text: NY A04332 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to amend the family court act, in relation to staying, modifying or terminating certain orders in juvenile delinquency proceedings

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-01-06 - referred to children and families [A04332 Detail]

Download: New_York-2009-A04332-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4332
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 3, 2009
                                      ___________
       Introduced  by  M. of A. V. LOPEZ, COLTON, SCHIMEL -- Multi-Sponsored by
         -- M. of A.  BROOK-KRASNY, GLICK, REILLY -- read once and referred  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.
                                                                  LBD06442-01-9