N.Y. FCT Law § 117 — New York Code / Act FCT / Article 1 / Part 1 / Section 117
Parts of court
Status: in_force

§ 117. Parts of court. (a) There is hereby established in the family\ncourt a "child abuse part". Such part shall be held separate from all\nother proceedings of the court, and shall have jurisdiction over all\nproceedings in the family court involving abused children, and shall be\ncharged with the immediate protection of these children. All cases\ninvolving abuse shall be originated in or be transferred to this part\nfrom other parts as they are made known to the court unless there is or\nwas before the court a proceeding involving any members of the same\nfamily or household, in which event the judge who heard said proceeding\nmay hear the case involving abuse. Consistent with its primary purpose,\nnothing in this section is intended to prevent the child abuse part from\nhearing other cases.\n  (b) For every juvenile delinquency proceeding under article three\ninvolving an allegation of an act committed by a person which, if done\nby an adult, would be a crime (i) defined in sections 125.27 (murder in\nthe first degree); 125.25 (murder in the second degree); 135.25\n(kidnapping in the first degree); or 150.20 (arson in the first degree)\nof the penal law committed by a person thirteen, fourteen, fifteen,\nsixteen, or seventeen years of age; or such conduct committed as a\nsexually motivated felony, where authorized pursuant to section 130.91\nof the penal law; (ii) defined in sections 120.10 (assault in the first\ndegree); 125.20 (manslaughter in the first degree); 130.35 (rape in the\nfirst degree); former section 130.50; sections 130.70 (aggravated sexual\nabuse in the first degree); 135.20 (kidnapping in the second degree),\nbut only where the abduction involved the use or threat of use of deadly\nphysical force; 150.15 (arson in the second degree); or 160.15 (robbery\nin the first degree) of the penal law committed by a person thirteen,\nfourteen, fifteen, sixteen, or seventeen years of age; or such conduct\ncommitted as a sexually motivated felony, where authorized pursuant to\nsection 130.91 of the penal law; (iii) defined in the penal law as an\nattempt to commit murder in the first or second degree or kidnapping in\nthe first degree committed by a person thirteen, fourteen, fifteen,\nsixteen, or seventeen years of age; or such conduct committed as a\nsexually motivated felony, where authorized pursuant to section 130.91\nof the penal law; (iv) defined in section 140.30 (burglary in the first\ndegree); subdivision one of section 140.25 (burglary in the second\ndegree); subdivision two of section 160.10 (robbery in the second\ndegree) of the penal law; or section 265.03 of the penal law, where such\nmachine gun or such firearm is possessed on school grounds, as that\nphrase is defined in subdivision fourteen of section 220.00 of the penal\nlaw committed by a person fourteen, fifteen, sixteen, or seventeen years\nof age; or such conduct committed as a sexually motivated felony, where\nauthorized pursuant to section 130.91 of the penal law; (v) defined in\nsection 120.05 (assault in the second degree) or 160.10 (robbery in the\nsecond degree) of the penal law committed by a person fourteen, fifteen,\nsixteen, or seventeen years of age but only where there has been a prior\nfinding by a court that such person has previously committed an act\nwhich, if committed by an adult, would be the crime of assault in the\nsecond degree, robbery in the second degree or any designated felony act\nspecified in clause (i), (ii) or (iii) of this subdivision regardless of\nthe age of such person at the time of the commission of the prior act;\nor (vi) other than a misdemeanor, committed by a person at least twelve\nbut less than eighteen years of age, but only where there have been two\nprior findings by the court that such person has committed a prior act\nwhich, if committed by an adult, would be a felony:\n  (i) There is hereby established in the family court in the city of New\nYork at least one "designated felony act part." Such part or parts shall\nbe held separate from all other proceedings of the court, and shall have\njurisdiction over all proceedings involving such an allegation. All such\nproceedings shall be originated in or be transferred to this part from\nother parts as they are made known to the court.\n  (ii) Outside the city of New York, all proceedings involving such an\nallegation shall have a hearing preference over every other proceeding\nin the court, except proceedings under article ten.\n  (c) The chief administrator of the courts may establish one or more\nseparate support parts in each family court for the purpose of\nexpediting support proceedings instituted pursuant to articles four,\nfive and five-A of this act. Where such separate support parts are\nestablished, all such proceedings shall be originated in or be\ntransferred to this part or parts as they are made known to the court\nand shall be heard by support magistrates in accordance with section\nfour hundred thirty-nine of this act.\n  (d) The appellate division of the supreme court in each department may\nprovide, in accordance with the standards and policies established by\nthe administrative board of the judicial conference, that the family\ncourt in counties within its department shall or may be organized into\nsuch other parts, if any, as may be appropriate.\n