S T A T E O F N E W Y O R K
________________________________________________________________________
6230--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 10, 2011
___________
Introduced by M. of A. GALEF, SPANO -- Multi-Sponsored by -- M. of A.
BOYLAND, CROUCH, McKEVITT -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the social services law and the penal law, in relation
to making it a criminal 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. Legislative intent. This legislation ensures that those
who violate family court child support orders can be extradited from
outside court jurisdictions to appear before a family court judge. It
has become frequent practice for such persons to cross state lines to
escape court-ordered spouse and child support payments. By criminalizing
such violations, these violators can be extradited to the appropriate
jurisdiction if apprehended on another matter such as a traffic
violation. This legislation would provide that they are returned to the
district attorney's office, and then referred to the appropriate family
court judge. It is not the intent of this legislation to imprison those
who fail to make child support payments because they are not employed or
do not possess the financial resources to do so. The sole motivation of
a family court judge is to protect and support families. The purpose of
the legislation is to provide an additional means to accomplish that
goal.
S 2. 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00381-03-1
A. 6230--A 2
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.
S 3. 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;
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 4. This act shall take effect on the ninetieth day after it shall
have become a law.