Assembly Bill A7939

Signed By Governor
2019-2020 Legislative Session

Relates to adjustment of juvenile delinquency cases by local departments of probation in the family court

download bill text pdf

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Archive: Last Bill Status Via S6475 - Signed by Governor

  • 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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2019-A7939 (ACTIVE) - Details

See Senate Version of this Bill:
S6475
Law Section:
Family Court Act
Laws Affected:
Amd §§308.1 & 320.6, Fam Ct Act

2019-A7939 (ACTIVE) - Summary

Requires the probation service to consider the views of the complainant and the impact of the alleged act of juvenile delinquency to determine if an adjustment would be suitable.

2019-A7939 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7939
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 29, 2019
                                ___________
 
 Introduced  by  M.  of  A.  JAFFEE -- (at request of the Office of Court
   Administration) -- read once and referred to the Committee on Children
   and Families
 
 AN ACT to amend the family court act, in relation to adjustment of juve-
   nile delinquency cases by local departments of probation in the family
   court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 8 and 9 of section 308.1 of the family court
 act, subdivision 8 as amended by chapter 398 of the  laws  of  1983  and
 subdivision  9  as added by chapter 920 of the laws of 1982, are amended
 to read as follows:
   8. The probation service [may not prevent any  person  who  wishes  to
 request  that  a petition be filed from having access to the appropriate
 presentment agency for that purpose] SHALL CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 ER ADJUSTMENT UNDER THIS SECTION WOULD BE SUITABLE.
   9. Efforts at adjustment pursuant to rules of court under this section
 may  not  extend  for  a  period of more than [two] THREE months without
 leave of the court, which may extend the period for  an  additional  two
 months.
   §  2.  Subdivision  2  of  section  320.6  of the family court act, as
 amended by chapter 926 of the laws  of  1982,  is  amended  to  read  as
 follows:
   2.  At  the  initial  appearance  OR AT ANY SUBSEQUENT APPEARANCE, the
 court may[, with the consent  of  the  victim  or  complainant  and  the
 respondent,]  refer  a  case  to  the  probation  service for adjustment
 services.   THE PROBATION  SERVICE  SHALL  CONSIDER  THE  VIEWS  OF  THE
 COMPLAINANT AND THE IMPACT OF THE ALLEGED ACT OR ACTS OF JUVENILE DELIN-
 QUENCY UPON THE COMPLAINANT AND UPON THE COMMUNITY IN DETERMINING WHETH-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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