S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5086

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. LEIBELL -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

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

S. 5086                             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;

S. 5086                             3

  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.