A02328 Summary:

BILL NOA02328
 
SAME ASNo Same As
 
SPONSORWalsh (MS)
 
COSPNSRMikulin, DeStefano, Blankenbush, Miller, Smith, Durso, Gallahan
 
MLTSPNSRAngelino, Manktelow, Morinello, Tague
 
Amd §262, Fam Ct Act
 
Allows the petitioner to have counsel assigned by the court in certain custody proceedings.
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A02328 Actions:

BILL NOA02328
 
01/25/2023referred to judiciary
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A02328 Committee Votes:

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A02328 Floor Votes:

There are no votes for this bill in this legislative session.
 
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A02328 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2328
 
SPONSOR: Walsh (MS)
  TITLE OF BILL: An act to amend the family court act, in relation to allowing the peti- tioner to have counsel assigned by the court in certain custody proceedings   PURPOSE OR GENERAL IDEA OF BILL: This legislation would amend current law to allow for a public defender to be assigned to both the respondent and the petitioner if they meet the appropriate income guidelines.   SUMMARY OF PROVISIONS: Section 1: Amends paragraph (iii) of subdivision (a) of section 262 of the family court act to include both the petitioner and the respondent in any proceeding under part three of article six of this act.   JUSTIFICATION: Under current law only the respondent is eligible for a public defender when an enforcement petition has been filed. This legislation levels the field for both parties by expanding eligibility for a public defender to the petitioner as well. Individuals who wish to seek an enforcement petition should not be penalized or deterred from doing so because they cannot afford counsel in this time of need.   PRIOR LEGISLATIVE HISTORY: 2022: A.3214; referred to Judiciary 2021: A.3214; referred to Judiciary 2020: A.9706; referred to Judiciary 2019: A.9706; referred to Judiciary   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: Immediately.
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A02328 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2328
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 25, 2023
                                       ___________
 
        Introduced  by  M. of A. WALSH, MIKULIN, DeSTEFANO, BLANKENBUSH, MILLER,
          SMITH, DURSO, GALLAHAN -- Multi-Sponsored by --  M.  of  A.  ANGELINO,
          MANKTELOW, MORINELLO, TAGUE -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT to amend the family court act, in relation to allowing the peti-
          tioner to have counsel  assigned  by  the  court  in  certain  custody
          proceedings
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (iii) of subdivision (a) of section  262  of  the
     2  family  court  act,  as  amended  by chapter 666 of the laws of 1976, is
     3  amended to read as follows:
     4    (iii) the petitioner and the respondent in any proceeding  under  part
     5  three of article six of this act;
     6    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02671-01-3
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