Bill Text: NY A02311 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the chief administrator of the courts to authorize courts to order references for orders of protection to judicial hearing officers or referees at any time; requires training about domestic violence for such judicial hearing officers or referees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to judiciary [A02311 Detail]

Download: New_York-2017-A02311-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2311
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Judiciary
        AN ACT to amend the judiciary law, in relation to authorizing references
          for orders of protection to judicial hearing officers or referees
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph (n) of subdivision 2 of section 212 of the judi-
     2  ciary law, as added by chapter 363 of the laws of 2010,  is  amended  to
     3  read as follows:
     4    (n)  Have  the  power  to  authorize  a court under subdivision (b) of
     5  section forty-three hundred seventeen of  the  civil  practice  law  and
     6  rules  to  order a reference to a judicial hearing officer or referee to
     7  determine an application for an order of protection (including a  tempo-
     8  rary order of protection) that, in accordance with law, is made ex parte
     9  or  where  all  parties  besides  the  applicant  default in appearance;
    10  provided, however, this  paragraph  shall  only  apply  to  applications
    11  brought  in  family court during the hours that the court is in session,
    12  and after five o'clock p.m. Training about domestic  violence  shall  be
    13  required  for  all  judicial hearing officers and referees and all other
    14  persons who are designated to serve as references as  provided  in  this
    15  paragraph.
    16    §  2. This act shall take effect immediately; provided that the amend-
    17  ments to paragraph (n) of subdivision 2 of section 212 of the  judiciary
    18  law  made by section one of this act shall not affect the repeal of such
    19  paragraph and shall be deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07843-01-7