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 - Bill 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 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4214

TITLE OF BILL:
An act
to amend the family court act and the criminal procedure law, in
relation to parental failure to pay child support

PURPOSE OR GENERAL IDEA OF BILL:
To enable family court to refer child
support arrears to criminal courts when arrest warrants have been
issued.

SUMMARY OF SPECIFIC PROVISIONS:
1. Amends section 454 of the family
court act to add court jurisdiction to refer a case to criminal court
if an arrest warrant has been issued but no arrest was made, one year
has passed since the warrant was issued and the arrears have not been
paid.

2. Adds a provision to subdivision 1 of section 10.20 of to criminal
procedural to give this jurisdiction to superior courts.

3. Adds a provision to subdivision 1 of section 10.30 of to criminal
procedural to give this jurisdiction to lower courts.

JUSTIFICATION:
This bill enhances family court's ability to enforce
violations of non-support of a child, which under current penal law
is a misdemeanor or a felony based on the degree of the infraction.
In cases in which an arrest warrant has been issued for non-support
of a child or for contempt of a child support court order, one year
has passed since the warrant was issued, and child support arrears
have not been paid, family court will be given the jurisdiction to
refer the case to criminal court for prosecution. By strengthening
the law's ability to hold delinquent parents accountable for
non-support, this bill will protect children and families who rely on
child support for their livelihood and well-being.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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                    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

  (a)  Exclusive trial jurisdiction of petty  offenses  except  for  the
superior  court  jurisdiction  thereof  prescribed  in  paragraph (c) of
subdivision one of section 10.20; [and]
  (b)    Trial  jurisdiction of misdemeanors concurrent with that of the
superior courts but subject to divestiture thereof by the latter in  any
particular case; AND
  (C)  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 4. This act shall take effect immediately.

Co-Sponsors

S4214A (ACTIVE) - Bill 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) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4214A

TITLE OF BILL:
An act
to amend the family court act and the criminal procedure law, in
relation to parental failure to pay child support

PURPOSE OR GENERAL IDEA OF BILL:
To enable family court to refer child support arrears to criminal
courts when arrest warrants have been issued.

SUMMARY OF SPECIFIC PROVISIONS:
1. Amends section 454 of the family court act to add court
jurisdiction to refer a case to criminal court if an arrest warrant
has been issued but no arrest was made, one year has passed since the
warrant was issued and the arrears have not been paid.

2. Adds a provision to subdivision 1 of section 10.20 of to criminal
procedural to give this jurisdiction to superior courts.

3. Adds a provision to subdivision 1 of section 10.30 of to criminal
procedural to give this jurisdiction to lower courts.

JUSTIFICATION:
This bill enhances family court's ability to enforce violations of
nonsupport of a child, which under current penal law is a misdemeanor
or a felony based on the degree of the infraction. In cases in which
an arrest warrant has been issued for non-support of a child or for
contempt of a child support court order, one year has passed since
the warrant was issued, and child support arrears have not been paid,
family court will be given the jurisdiction to refer the case to
criminal court for prosecution. By strengthening the law's ability to
hold delinquent parents accountable for non-support, this bill will
protect children and families who rely on child support for their
livelihood and well-being.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately.

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                    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

S. 4214--A                          2

  1.   Local criminal courts have trial  jurisdiction  of  all  offenses
other than felonies.  They have:
  (a)    Exclusive  trial  jurisdiction of petty offenses except for the
superior court jurisdiction  thereof  prescribed  in  paragraph  (c)  of
subdivision one of section 10.20; [and]
  (b)    Trial  jurisdiction of misdemeanors concurrent with that of the
superior courts but subject to divestiture thereof by the latter in  any
particular case; AND
  (C)  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 4. This act shall take effect immediately.

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