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This entry was published on 2024-02-02
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SECTION 117
Parts of court
Family Court Act (FCT) CHAPTER 686, ARTICLE 1, PART 1
§ 117. Parts of court. (a) There is hereby established in the family
court a "child abuse part". Such part shall be held separate from all
other proceedings of the court, and shall have jurisdiction over all
proceedings in the family court involving abused children, and shall be
charged with the immediate protection of these children. All cases
involving abuse shall be originated in or be transferred to this part
from other parts as they are made known to the court unless there is or
was before the court a proceeding involving any members of the same
family or household, in which event the judge who heard said proceeding
may hear the case involving abuse. Consistent with its primary purpose,
nothing in this section is intended to prevent the child abuse part from
hearing other cases.

(b) * For every juvenile delinquency proceeding under article three
involving an allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25
(kidnapping in the first degree); or 150.20 (arson in the first degree)
of the penal law committed by a person thirteen, fourteen, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (ii) defined in sections 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the
first degree); 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second degree), but only where the abduction involved the use or threat
of use of deadly physical force; 150.15 (arson in the second degree); or
160.15 (robbery in the first degree) of the penal law committed by a
person thirteen, fourteen, fifteen, sixteen, or seventeen years of age;
or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the penal law as an attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen, fifteen, sixteen, or seventeen years of age; or such conduct
committed as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; (iv) defined in section 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law committed by a person fourteen, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen, fifteen, sixteen, or seventeen years of
age but only where there has been a prior finding by a court that such
person has previously committed an act which, if committed by an adult,
would be the crime of assault in the second degree, robbery in the
second degree or any designated felony act specified in clause (i), (ii)
or (iii) of this subdivision regardless of the age of such person at the
time of the commission of the prior act; or (vi) other than a
misdemeanor, committed by a person at least twelve but less than
eighteen years of age, but only where there have been two prior findings
by the court that such person has committed a prior act which, if
committed by an adult, would be a felony:

* NB Effective until September 1, 2024

* For every juvenile delinquency proceeding under article three
involving an allegation of an act committed by a person which, if done
by an adult, would be a crime (i) defined in sections 125.27 (murder in
the first degree); 125.25 (murder in the second degree); 135.25
(kidnapping in the first degree); or 150.20 (arson in the first degree)
of the penal law committed by a person thirteen, fourteen, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (ii) defined in sections 120.10 (assault in the first
degree); 125.20 (manslaughter in the first degree); 130.35 (rape in the
first degree); former section 130.50; sections 130.70 (aggravated sexual
abuse in the first degree); 135.20 (kidnapping in the second degree),
but only where the abduction involved the use or threat of use of deadly
physical force; 150.15 (arson in the second degree); or 160.15 (robbery
in the first degree) of the penal law committed by a person thirteen,
fourteen, fifteen, sixteen, or seventeen years of age; or such conduct
committed as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; (iii) defined in the penal law as an
attempt to commit murder in the first or second degree or kidnapping in
the first degree committed by a person thirteen, fourteen, fifteen,
sixteen, or seventeen years of age; or such conduct committed as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (iv) defined in section 140.30 (burglary in the first
degree); subdivision one of section 140.25 (burglary in the second
degree); subdivision two of section 160.10 (robbery in the second
degree) of the penal law; or section 265.03 of the penal law, where such
machine gun or such firearm is possessed on school grounds, as that
phrase is defined in subdivision fourteen of section 220.00 of the penal
law committed by a person fourteen, fifteen, sixteen, or seventeen years
of age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (v) defined in
section 120.05 (assault in the second degree) or 160.10 (robbery in the
second degree) of the penal law committed by a person fourteen, fifteen,
sixteen, or seventeen years of age but only where there has been a prior
finding by a court that such person has previously committed an act
which, if committed by an adult, would be the crime of assault in the
second degree, robbery in the second degree or any designated felony act
specified in clause (i), (ii) or (iii) of this subdivision regardless of
the age of such person at the time of the commission of the prior act;
or (vi) other than a misdemeanor, committed by a person at least twelve
but less than eighteen years of age, but only where there have been two
prior findings by the court that such person has committed a prior act
which, if committed by an adult, would be a felony:

* NB Effective September 1, 2024

(i) There is hereby established in the family court in the city of New
York at least one "designated felony act part." Such part or parts shall
be held separate from all other proceedings of the court, and shall have
jurisdiction over all proceedings involving such an allegation. All such
proceedings shall be originated in or be transferred to this part from
other parts as they are made known to the court.

(ii) Outside the city of New York, all proceedings involving such an
allegation shall have a hearing preference over every other proceeding
in the court, except proceedings under article ten.

(c) The chief administrator of the courts may establish one or more
separate support parts in each family court for the purpose of
expediting support proceedings instituted pursuant to articles four,
five and five-A of this act. Where such separate support parts are
established, all such proceedings shall be originated in or be
transferred to this part or parts as they are made known to the court
and shall be heard by support magistrates in accordance with section
four hundred thirty-nine of this act.

(d) The appellate division of the supreme court in each department may
provide, in accordance with the standards and policies established by
the administrative board of the judicial conference, that the family
court in counties within its department shall or may be organized into
such other parts, if any, as may be appropriate.