senate Bill S4214A

2011-2012 Legislative Session

Authorizes family court judges to transfer certain child support arrears matters to criminal courts

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2012 print number 4214a
amend and recommit to judiciary
Jan 04, 2012 referred to judiciary
Mar 23, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S4214 - Details

See Assembly Version of this Bill:
A6362A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act; amd §§10.20 & 10.30, CP L

S4214 - Summary

Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.

S4214 - Sponsor Memo

S4214 - Bill Text download pdf

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

                                  4214

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the family court act and the criminal procedure law,  in
  relation to parental failure to pay child support

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 454 of the  family  court  act  is
amended by adding a new paragraph (i) to read as follows:
  (I)  THE  COURT MAY REFER THE PROCEEDING TO A CRIMINAL COURT OF COMPE-
TENT JURISDICTION IF, (I) AN  ARREST  WARRANT  HAS  BEEN  ISSUED  FOR  A
VIOLATION  OF  ANY  PROVISION OF THIS ACT RELATED TO CHILD SUPPORT OR OF
SECTION 215.50, 215.51, 215.52, 260.05 OR 260.06 OF THE PENAL LAW,  (II)
NO  ARREST  HAS BEEN MADE, (III) ONE YEAR HAS ELAPSED SINCE THE ISSUANCE
OF SUCH ARREST WARRANT, AND (IV) THE SUPPORT ARREARS HAS NOT BEEN PAID.
  S 2. Subdivision 1 of section 10.20 of the criminal procedure  law  is
amended to read as follows:
  1. Superior courts have trial jurisdiction of all offenses. They have:
  (a) Exclusive trial jurisdiction of felonies; and
  (b)  Trial  jurisdiction  of  misdemeanors concurrent with that of the
local criminal courts; and
  (c) Trial jurisdiction of  petty  offenses,  but  only  when  such  an
offense is charged in an indictment which also charges a crime; AND
  (D)  JURISDICTION OVER SUCH CHILD SUPPORT ENFORCEMENT MATTERS REFERRED
TO THE LOCAL CRIMINAL COURT BY A FAMILY COURT JUDGE PURSUANT TO SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
  S 3. Subdivision 1 of section 10.30 of the criminal procedure  law  is
amended to read as follows:
  1.    Local  criminal  courts  have trial jurisdiction of all offenses
other than felonies.  They have:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09154-02-1

S. 4214                             2

Co-Sponsors

S4214A (ACTIVE) - Details

See Assembly Version of this Bill:
A6362A
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act; amd §§10.20 & 10.30, CP L

S4214A (ACTIVE) - Summary

Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.

S4214A (ACTIVE) - Sponsor Memo

S4214A (ACTIVE) - Bill Text download pdf

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

                                 4214--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sens.  GIANARIS,  OPPENHEIMER  -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary  --  recommitted  to the Committee on Judiciary in accordance with
  Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the family court act and the criminal procedure law, in
  relation to parental failure to pay child support

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of section 454 of the family court act is
amended by adding a new paragraph (j) to read as follows:
  (J) THE COURT MAY REFER THE PROCEEDING TO A CRIMINAL COURT  OF  COMPE-
TENT  JURISDICTION  IF,  (I)  AN  ARREST  WARRANT  HAS BEEN ISSUED FOR A
VIOLATION OF ANY PROVISION OF THIS ACT RELATED TO CHILD  SUPPORT  OR  OF
SECTION  215.50, 215.51, 215.52, 260.05 OR 260.06 OF THE PENAL LAW, (II)
NO ARREST HAS BEEN MADE, (III) ONE YEAR HAS ELAPSED SINCE  THE  ISSUANCE
OF SUCH ARREST WARRANT, AND (IV) THE SUPPORT ARREARS HAS NOT BEEN PAID.
  S  2.  Subdivision 1 of section 10.20 of the criminal procedure law is
amended to read as follows:
  1. Superior courts have trial jurisdiction of all offenses. They have:
  (a) Exclusive trial jurisdiction of felonies; and
  (b) Trial jurisdiction of misdemeanors concurrent  with  that  of  the
local criminal courts; and
  (c)  Trial  jurisdiction  of  petty  offenses,  but  only when such an
offense is charged in an indictment which also charges a crime; AND
  (D) JURISDICTION OVER SUCH CHILD SUPPORT ENFORCEMENT MATTERS  REFERRED
TO THE LOCAL CRIMINAL COURT BY A FAMILY COURT JUDGE PURSUANT TO SUBDIVI-
SION TWO OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
  S  3.  Subdivision 1 of section 10.30 of the criminal procedure law is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09154-03-1

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