NY State Senate Bill 2023-S4251

Senate Bill S4251

2023-2024 Legislative Session

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court

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Current Bill Status - In Senate Committee Judiciary 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Feb 07, 2023	referred to judiciary

co-Sponsors

2023-S4251 (ACTIVE) - Details

See Assembly Version of this Bill:: A1898
Current Committee:: Senate Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §828, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8769
2021-2022: A3289

2023-S4251 (ACTIVE) - Summary

Relates to the scheduling of a fact finding hearing after the issuance of a temporary order of protection in family court; provides that such hearing shall be scheduled no later than 14 days after the temporary order is issued.

2023-S4251 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4251

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the family court act, in relation to the scheduling of a
fact finding hearing after the issuance of a temporary order of
protection in family court

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation would ensure a timely process in dealing with matters
of temporary orders of protection by expediting the appearance process
to evaluate the validity of the petition.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 828 of the family court act by creating subdi-
vision (c) which would ensure the court schedules a first appearance
following the issuance of a temporary order of protection within four-
teen days. If such hearing is not scheduled, the temporary order of
protection will no longer be in effect.

 
JUSTIFICATION:

While temporary orders of protection are important legal tools that
protect individuals from potential harm or distress, it is not uncommon
for such orders to be issued parte. Sometimes, in such instances, orders
of protection have displaced individuals from their homes with no other
option but to wait for the court to proceed with a fact finding hearing.
In some cases, individuals subject to the temporary order have been
forced to wait weeks or months before a first appearance is scheduled.
With no timeframe in place, individuals who must adhere to the temporary
orders of protection may be incurring hardship due to the petitioners'
unjust use of the temporary order.

 
PRIOR LEGISLATIVE HISTORY:

2022: A.3289; referred to Judiciary

2021: A.3289; referred to Judiciary

2020: A.8769; referred to Judiciary

2019: A.8769; referred to Judiciary

 
FISCAL IMPLICATIONS:

None.

2023-S4251 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4251
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to the scheduling of a
   fact finding hearing after  the  issuance  of  a  temporary  order  of
   protection in family court

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 828 of the  family  court  act  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  UPON  ISSUING  A  TEMPORARY  ORDER OF PROTECTION, THE COURT SHALL
 SCHEDULE A FIRST APPEARANCE FOR PURPOSES OF A FACT-FINDING  HEARING  NOT
 LATER  THAN  FOURTEEN  DAYS  AFTER  THE TEMPORARY ORDER OF PROTECTION IS
 ISSUED. IF NO HEARING HAS BEEN SCHEDULED WITHIN  FOURTEEN  DAYS  OF  THE
 ISSUANCE  OF  THE  TEMPORARY ORDER OF PROTECTION, THE TEMPORARY ORDER OF
 PROTECTION ISSUED PURSUANT TO THIS  SECTION  SHALL  BE  DEEMED  TO  HAVE
 EXPIRED AND NO LONGER BE IN EFFECT.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02843-01-3

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Senate Bill S4251

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Sponsored By

Jacob Ashby