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.
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
