S T A T E O F N E W Y O R K
________________________________________________________________________
3803
2009-2010 Regular Sessions
I N A S S E M B L Y
January 28, 2009
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Introduced by M. of A. GALEF, FIELDS -- Multi-Sponsored by -- M. of A.
CROUCH, McKEVITT -- read once and referred to the Committee on Judici-
ary
AN ACT to amend the social services law, the criminal procedure law, the
family court act and the penal law, in relation to making it a crimi-
nal offense to violate a support order in certain situations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 111-b of the social services law is amended by
adding a new subdivision 15-a to read as follows:
15-A. WHEN A SUPPORT OBLIGOR WHO IS OR WAS UNDER A COURT ORDER TO PAY
CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT TO A SUPPORT
COLLECTION UNIT ON BEHALF OF PERSONS RECEIVING SERVICES UNDER THIS TITLE
HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT
OF SUPPORT DUE PURSUANT TO SUCH ORDER FOR A PERIOD OF FOUR MONTHS, THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL NOTIFY THE DISTRICT
ATTORNEY IN THE COUNTY WHERE THE COURT ORDER OF SUPPORT WAS ENTERED OF
THE SUPPORT OBLIGOR'S FAILURE TO FULLY PAY THE SUPPORT ARREARS. UPON
SUCH NOTIFICATION, THE DISTRICT ATTORNEY IS AUTHORIZED TO COMMENCE AN
ACTION AGAINST THE SUPPORT OBLIGOR PURSUANT TO SECTIONS 260.36 AND
260.38 OF THE PENAL LAW. FOR PURPOSES OF DETERMINING WHETHER A SUPPORT
OBLIGOR HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN
THE AMOUNT OF SUPPORT DUE FOR A PERIOD OF FOUR MONTHS, THE AMOUNT OF ANY
RETROACTIVE SUPPORT, OTHER THAN PERIODIC PAYMENTS OF RETROACTIVE SUPPORT
WHICH ARE PAST DUE, SHALL NOT BE INCLUDED IN THE CALCULATION OF SUPPORT
ARREARS PURSUANT TO THIS SECTION; HOWEVER, IF AT LEAST FOUR MONTHS OF
SUPPORT ARREARS HAVE ACCUMULATED SUBSEQUENT TO THE DATE OF THE COURT
ORDER, THE ENTIRE AMOUNT OF ANY RETROACTIVE SUPPORT MAY BE COLLECTED
PURSUANT TO THE PROVISIONS OF THIS SECTION OR AS OTHERWISE AUTHORIZED BY
LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01702-01-9
A. 3803 2
S 2. The opening paragraph of subdivision 1 of section 530.11 of the
criminal procedure law, as amended by chapter 326 of the laws of 2008,
is amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, stalking in
the first degree, stalking in the second degree, stalking in the third
degree, stalking in the fourth degree, criminal mischief, menacing in
the second degree, menacing in the third degree, reckless endangerment,
assault in the second degree, assault in the third degree [or], VIOLAT-
ING A SUPPORT ORDER IN THE SECOND DEGREE, OR VIOLATING A SUPPORT ORDER
IN THE FIRST DEGREE, an attempted assault between spouses or former
spouses, or between parent and child or between members of the same
family or household except that if the respondent would not be criminal-
ly responsible by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction over such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly court, the criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For purposes
of this section, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this section, "members of the same fami-
ly or household" with respect to a proceeding in the criminal courts
shall mean the following:
S 3. The opening paragraph of subdivision 1 of section 812 of the
family court act, as amended by chapter 326 of the laws of 2008, is
amended to read as follows:
The family court and the criminal courts shall have concurrent juris-
diction over any proceeding concerning acts which would constitute
disorderly conduct, harassment in the first degree, harassment in the
second degree, aggravated harassment in the second degree, stalking in
the first degree, stalking in the second degree, stalking in the third
degree, stalking in the fourth degree, criminal mischief, menacing in
the second degree, menacing in the third degree, reckless endangerment,
assault in the second degree, assault in the third degree [or], VIOLAT-
ING A SUPPORT ORDER IN THE SECOND DEGREE, OR VIOLATING A SUPPORT ORDER
IN THE FIRST DEGREE, an attempted assault between spouses or former
spouses, or between parent and child or between members of the same
family or household except that if the respondent would not be criminal-
ly responsible by reason of age pursuant to section 30.00 of the penal
law, then the family court shall have exclusive jurisdiction over such
proceeding. Notwithstanding a complainant's election to proceed in fami-
ly court, the criminal court shall not be divested of jurisdiction to
hear a family offense proceeding pursuant to this section. For purposes
of this article, "disorderly conduct" includes disorderly conduct not in
a public place. For purposes of this article, "members of the same
family or household" shall mean the following:
S 4. The penal law is amended by adding two new sections 260.36 and
260.38 to read as follows:
S 260.36 VIOLATING A SUPPORT ORDER IN THE SECOND DEGREE.
A PERSON IS GUILTY OF VIOLATING A SUPPORT ORDER IN THE SECOND DEGREE
WHEN, BEING ORDERED TO PAY SUPPORT, HE OR SHE FAILS OR REFUSES, WITHOUT
LAWFUL EXCUSE, TO PAY SUPPORT UNDER A SUPPORT OBLIGATION:
1. FOR A PERIOD LONGER THAN ONE YEAR;
2. IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS;
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3. IN A MANNER SPECIFIED BY SUBDIVISION FIFTEEN-A OF SECTION ONE
HUNDRED ELEVEN-B OF THE SOCIAL SERVICES LAW.
VIOLATING A SUPPORT ORDER IN THE SECOND DEGREE IS A CLASS A MISDEMEA-
NOR.
S 260.38 VIOLATING A SUPPORT ORDER IN THE FIRST DEGREE.
A PERSON IS GUILTY OF VIOLATING A SUPPORT ORDER IN THE FIRST DEGREE
WHEN BEING ORDERED TO PAY SUPPORT, HE OR SHE FAILS OR REFUSES, WITHOUT
LAWFUL EXCUSE, TO PAY SUPPORT UNDER A SUPPORT OBLIGATION:
1. FOR A PERIOD LONGER THAN TWO YEARS OR IN AN AMOUNT GREATER THAN TEN
THOUSAND DOLLARS;
2. FOR A PERIOD LONGER THAN ONE YEAR OR IN AN AMOUNT GREATER THAN FIVE
THOUSAND DOLLARS AND HE OR SHE HAS PREVIOUSLY BEEN CONVICTED IN THE
PRECEDING FIVE YEARS OF A CRIME DEFINED IN SECTION 260.36 OF THIS ARTI-
CLE OR A CRIME DEFINED IN THE PROVISIONS OF THIS SECTION; OR
3. IN A MANNER SPECIFIED BY SUBDIVISION FIFTEEN-A OF SECTION ONE
HUNDRED ELEVEN-B OF THE SOCIAL SERVICES LAW.
VIOLATING A SUPPORT ORDER IN THE FIRST DEGREE IS A CLASS E FELONY.
S 5. This act shall take effect on the ninetieth day after it shall
have become a law.