Section 117. Parts of court  


Latest version.
  • (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  or  fifteen
      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); 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 or fifteen  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
      or  fifteen  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 or fifteen 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 or fifteen 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 seven but less than sixteen
      years of age, but only where there has 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:
        (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.