Senate Bill S5086

2009-2010 Legislative Session

Creates a criminal offense for the violation of a support order in certain situations

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S5086 (ACTIVE) - Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §111-b, Soc Serv L; amd §530.11, CP L; amd §812, Fam Ct Act; add §§260.36 & 260.38, Pen L

2009-S5086 (ACTIVE) - Summary

Creates a criminal offense in the second and first degree for the violation of a support order in certain situations.

2009-S5086 (ACTIVE) - Sponsor Memo

2009-S5086 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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