Bill Text: NY A05641 | 2019-2020 | General Assembly | Introduced

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Bill Title: Instructs that when a complainant or petitioner has a proceeding commenced in family court or criminal court concerning family offense matters, as well as a proceeding in supreme court for matrimonial action, the chief administrator of the courts transfer all proceedings to supreme court.

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Introduced - Dead) 2020-07-14 - held for consideration in judiciary [A05641 Detail]

Download: New_York-2019-A05641-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5641
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 14, 2019
                                       ___________
        Introduced by M. of A. GIGLIO, BARCLAY, KOLB, LAWRENCE, B. MILLER, MORI-
          NELLO,  PALMESANO,  REILLY, SAYEGH, TAGUE -- read once and referred to
          the Committee on Judiciary
        AN ACT to amend the family court act and the criminal procedure law,  in
          relation to transferring certain proceedings to supreme court
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The family court act is amended by  adding  a  new  section
     2  813-a to read as follows:
     3    §  813-a. Transfer to supreme court. 1. At any time prior to a finding
     4  on the petition the chief administrator of the courts shall  order  that
     5  any  matter  which  is the subject of a proceeding commenced pursuant to
     6  section eight hundred twelve  of  this  act,  a  matrimonial  action  in
     7  supreme  court  and  a  criminal  action in a criminal court relating to
     8  family offense matters pursuant to section 530.11 of the criminal proce-
     9  dure law, be transferred to the  supreme  court  where  the  matrimonial
    10  action is being heard.
    11    2. The chief administrator of the courts, pursuant to paragraph (e) of
    12  subdivision  two  of  section  two  hundred twelve of the judiciary law,
    13  shall promulgate rules to facilitate record sharing and  other  communi-
    14  cation  between  the  supreme  court,  criminal court and family courts,
    15  subject to applicable provisions of the civil practice  law  and  rules,
    16  the criminal procedure law and this act pertaining to the confidentiali-
    17  ty,  expungement  and sealing of records, when a petition is transferred
    18  to supreme court over such matters as specified in  subdivision  one  of
    19  this section.
    20    § 2. Subdivision 7 of section 530.11 of the criminal procedure law, as
    21  added  by chapter 222 of the laws of 1994, is amended and a new subdivi-
    22  sion 1-a is added to read as follows:
    23    1-a. Transfer to supreme court. If at any time prior to  the  disposi-
    24  tion  of  any  proceeding  concerning acts which would constitute family
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06946-01-9
        A. 5641                             2
     1  offense matters  pursuant  to  subdivision  one  of  this  section,  the
     2  complaint  has  a  concurrent  proceeding  in  family court which is the
     3  subject of a proceeding commenced  pursuant  to  section  eight  hundred
     4  twelve  of  the  family  court  act  and a matrimonial action in supreme
     5  court, the chief administrator of the courts shall order that the crimi-
     6  nal court and family court proceedings be  transferred  to  the  supreme
     7  court where the matrimonial action is being heard.
     8    7.  Rules of court regarding concurrent jurisdiction. The chief admin-
     9  istrator of the courts, pursuant to paragraph (e) of subdivision two  of
    10  section  two hundred twelve of the judiciary law, shall promulgate rules
    11  to facilitate record sharing and other communication between the  crimi-
    12  nal  and family courts, subject to applicable provisions of this chapter
    13  and the family court act pertaining to the confidentiality,  expungement
    14  and  sealing  of records, when such courts exercise concurrent jurisdic-
    15  tion over family offense proceedings or when proceedings are transferred
    16  to supreme court pursuant to subdivision one-a of this section.
    17    § 3. This act shall take effect on the ninetieth day  after  it  shall
    18  have become a law.