Bill Text: NY A06306 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 6306

Introduced

Bill Title: Provides that the county probation department may apply for a temporary order of protection as part of the adjustment process.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to children and families [A06306 Detail]

Download: New_York-2023-A06306-Introduced.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                          6306

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      April 3, 2023
                                       ___________

        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Children and Families

        AN ACT to amend the family court act, in relation to temporary orders of
          protection

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 304.2 of the family court act, as added by  chapter
     2  683 of the laws of 1984, is amended to read as follows:
     3    §  304.2.  Temporary  order of protection. (1) Upon application by the
     4  presentment agency, the court may issue a temporary order of  protection
     5  against  a  respondent for good cause shown, ex parte or upon notice, at
     6  any time after a juvenile is taken into  custody,  pursuant  to  section
     7  305.1  or 305.2 or upon the issuance of an appearance ticket pursuant to
     8  section 307.1 or upon the filing of a petition pursuant to section 310.1
     9  or upon application of the county probation department as a part of  the
    10  adjustment  process  pursuant  to  CFR  204.31 and section 205.31 of the
    11  uniform rules for the family court.
    12    (2) A temporary order of protection may contain any of the  provisions
    13  authorized on the making of an order of protection under section 352.3.
    14    (3) A temporary order of protection is not a finding of wrongdoing.
    15    (4)  A  temporary  order  of  protection may remain in effect until an
    16  order of disposition is entered.
    17    § 2. This act shall take effect immediately.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06389-04-3