NY State Senate Bill 2017-S7656

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 05, 2018	referred to children and families

co-Sponsors

2017-S7656 (ACTIVE) - Details

See Assembly Version of this Bill:: A9551
Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Add §813-a, Fam Ct Act; amd §530.11, CP L
Versions Introduced in 2019-2020 Legislative Session:: A5641

2017-S7656 (ACTIVE) - Summary

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.

2017-S7656 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7656

SPONSOR: PHILLIPS
 
TITLE OF BILL:  An act to amend the family court act and the criminal
procedure law, in relation to transferring certain proceedings to
supreme court

 
PURPOSE:

To consolidate court proceedings for victims of domestic violence.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section to the Family Court Act which
requires that any matter which is the subject of a proceeding commenced
pursuant to S 812 of the Family Court Act, a matrimonial action in
supreme court and a criminal action in a criminal court relating to
family offense matters be transferred to the supreme court where the
matrimonial action is being heard.

Section two of the bill adds a new subdivision to § 530.11(7) of the

criminal procedure law which requires the chief administrator of the
courts to order that criminal and family court proceedings which would
constitute family offense matters be transferred to the supreme court
where the matrimonial action is being heard (if there is such an action
pending).

Section three of the bill provides the effective date.

 
JUSTIFICATION:

Currently, victims have to face multiple judges in multiple court rooms
to have their criminal, family and matrimonial matters resolved. This
causes victims to take a lot of time off work, find babysitters for
their children on more occasions than necessary, and causes much undue
stress by appearing in front of different judges and in different court
rooms that don't know the whole story.

By allowing cases to be heard in one court room by one judge, victims
will be able to manage court appearances easier and know that the judge
is hearing their whole story.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S7656 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7656
 
                             I N  S E N A T E
 
                             February 5, 2018
                                ___________
 
 Introduced  by  Sens. PHILLIPS, YOUNG -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families
 
 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:
 
   Section  1.  The  family  court act is amended by adding a new section
 813-a to read as follows:
   § 813-A. TRANSFER TO SUPREME COURT. 1. AT ANY TIME PRIOR TO A  FINDING
 ON  THE  PETITION THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ORDER THAT
 ANY MATTER WHICH IS THE SUBJECT OF A PROCEEDING  COMMENCED  PURSUANT  TO
 SECTION  EIGHT  HUNDRED  TWELVE  OF  THIS  ACT,  A MATRIMONIAL ACTION IN
 SUPREME COURT AND A CRIMINAL ACTION IN  A  CRIMINAL  COURT  RELATING  TO
 FAMILY OFFENSE MATTERS PURSUANT TO SECTION 530.11 OF THE CRIMINAL PROCE-
 DURE  LAW,  BE  TRANSFERRED  TO  THE SUPREME COURT WHERE THE MATRIMONIAL
 ACTION IS BEING HEARD.
   2. THE CHIEF ADMINISTRATOR OF THE COURTS, PURSUANT TO PARAGRAPH (E) OF
 SUBDIVISION TWO OF SECTION TWO HUNDRED  TWELVE  OF  THE  JUDICIARY  LAW,
 SHALL  PROMULGATE  RULES TO FACILITATE RECORD SHARING AND OTHER COMMUNI-
 CATION BETWEEN THE SUPREME COURT,  CRIMINAL  COURT  AND  FAMILY  COURTS,
 SUBJECT  TO  APPLICABLE  PROVISIONS OF THE CIVIL PRACTICE LAW AND RULES,
 THE CRIMINAL PROCEDURE LAW AND THIS ACT PERTAINING TO THE CONFIDENTIALI-
 TY, EXPUNGEMENT AND SEALING OF RECORDS, WHEN A PETITION  IS  TRANSFERRED
 TO  SUPREME  COURT  OVER SUCH MATTERS AS SPECIFIED IN SUBDIVISION ONE OF
 THIS SECTION.
   § 2. Subdivision 7 of section 530.11 of the criminal procedure law, as
 added by chapter 222 of the laws of 1994, is amended and a new  subdivi-
 sion 1-a is added to read as follows:
   1-A.  TRANSFER  TO SUPREME COURT. IF AT ANY TIME PRIOR TO THE DISPOSI-
 TION OF ANY PROCEEDING CONCERNING ACTS  WHICH  WOULD  CONSTITUTE  FAMILY
 OFFENSE  MATTERS  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS  SECTION, THE
 COMPLAINT HAS A CONCURRENT PROCEEDING  IN  FAMILY  COURT  WHICH  IS  THE
 SUBJECT  OF  A  PROCEEDING  COMMENCED  PURSUANT TO SECTION EIGHT HUNDRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13646-01-7

 S. 7656                             2
 
 TWELVE OF THE FAMILY COURT ACT  AND  A  MATRIMONIAL  ACTION  IN  SUPREME
 COURT, THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ORDER THAT THE CRIMI-
 NAL  COURT  AND  FAMILY  COURT PROCEEDINGS BE TRANSFERRED TO THE SUPREME
 COURT WHERE THE MATRIMONIAL ACTION IS BEING HEARD.
   7.  Rules of court regarding concurrent jurisdiction. The chief admin-
 istrator of the courts, pursuant to paragraph (e) of subdivision two  of
 section  two hundred twelve of the judiciary law, shall promulgate rules
 to facilitate record sharing and other communication between the  crimi-
 nal  and family courts, subject to applicable provisions of this chapter
 and the family court act pertaining to the confidentiality,  expungement
 and  sealing  of records, when such courts exercise concurrent jurisdic-
 tion over family offense proceedings OR WHEN PROCEEDINGS ARE TRANSFERRED
 TO SUPREME COURT PURSUANT TO SUBDIVISION ONE-A OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7656

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

2017-S7656 (ACTIVE) - Details

2017-S7656 (ACTIVE) - Summary

2017-S7656 (ACTIVE) - Sponsor Memo

2017-S7656 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7656

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Sponsored By

Elaine Phillips

Archive: Last Bill Status - In Senate Committee Children And Families Committee

co-Sponsors

Catharine Young

2017-S7656 (ACTIVE) - Details

2017-S7656 (ACTIVE) - Summary

2017-S7656 (ACTIVE) - Sponsor Memo

2017-S7656 (ACTIVE) - Bill Text download pdf

Comments