senate Bill S5473A

2011-2012 Legislative Session

Relates to enforcement of orders of child support against inmates

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Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2012 print number 5473a
amend (t) and recommit to crime victims, crime and correction
Mar 07, 2012 defeated in crime victims, crime and correction
Feb 21, 2012 notice of committee consideration - requested
Jan 04, 2012 referred to crime victims, crime and correction
May 25, 2011 referred to crime victims, crime and correction

Votes

view votes

Mar 7, 2012 - Crime Victims, Crime and Correction committee Vote

S5473
5
8
committee
5
Aye
8
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Co-Sponsors

S5473 - Details

See Assembly Version of this Bill:
A7931A
Law Section:
Correction Law
Laws Affected:
Add §149-a, Cor L; amd §236, Dom Rel L; amd §390.30, CP L; amd §13, Chap 182 of 2010

S5473 - Summary

Relates to enforcement of orders of child support against inmates; requires that inmates be notified of their right to seek modification of child support orders; provides a 180 day stay of enforcement following release; makes provisions permitting modification applicable to inmates incarcerated prior to effective date of such amendments.

S5473 - Sponsor Memo

S5473 - Bill Text download pdf

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

    S. 5473                                                  A. 7931

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 25, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Crime
  Victims, Crime and Correction

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- read once and referred to
  the Committee on Correction

AN  ACT  to  amend  the  correction law, the domestic relations law, the
  family court act and the criminal procedure law, in relation to  child
  support obligations of inmates; and to amend section 13 of chapter 182
  of  the  laws  of 2010 amending the tax law, the family court act, the
  domestic relations law and the social services  law  relating  to  the
  modification  of child support orders, employer reporting of new hires
  and quarterly earnings, work  programs  and  the  noncustodial  earned
  income  tax  credit,  in  relation  to  the  effectiveness  of certain
  provisions thereof

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

  Section 1. The correction law is amended by adding a new section 149-a
to read as follows:
  S  149-A.  NOTIFICATION  TO INMATES OF THEIR ABILITY TO SEEK MODIFICA-
TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING  IN  A
CORRECTIONAL  FACILITY  WITHIN  THE STATE OF NEW YORK OF THE POSSIBILITY
THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
A "SUBSTANTIAL CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH  SECTION  TWO
HUNDRED  THIRTY-SIX  OF  THE  DOMESTIC  RELATIONS  LAW  AND SECTION FOUR
HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
  S 2. Paragraphs (d), (g) and (i) of subdivision 1-b of section 240  of
the  domestic  relations law, paragraphs (d) and (i) as added by chapter
567 of the laws of 1989 and paragraph (g) as amended by  chapter  41  of
the laws of 1992, are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10641-05-1

Co-Sponsors

S5473A (ACTIVE) - Details

See Assembly Version of this Bill:
A7931A
Law Section:
Correction Law
Laws Affected:
Add §149-a, Cor L; amd §236, Dom Rel L; amd §390.30, CP L; amd §13, Chap 182 of 2010

S5473A (ACTIVE) - Summary

Relates to enforcement of orders of child support against inmates; requires that inmates be notified of their right to seek modification of child support orders; provides a 180 day stay of enforcement following release; makes provisions permitting modification applicable to inmates incarcerated prior to effective date of such amendments.

S5473A (ACTIVE) - Sponsor Memo

S5473A (ACTIVE) - Bill Text download pdf

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

    S. 5473--A                                            A. 7931--A

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              May 25, 2011
                               ___________

IN  SENATE -- Introduced by Sens. MONTGOMERY, HASSELL-THOMPSON, PERKINS,
  RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
  committed  to  the Committee on Crime Victims, Crime and Correction --
  recommitted to the Committee on Crime Victims, Crime and Correction in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

IN ASSEMBLY -- Introduced by M. of A. AUBRY -- read once and referred to
  the Committee  on  Correction  --  recommitted  to  the  Committee  on
  Correction  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the correction law, the criminal procedure law  and  the
  domestic  relations  law,  in relation to child support obligations of
  inmates; and to amend section 13 of chapter 182 of the  laws  of  2010
  amending the tax law, the family court act, the domestic relations law
  and  the  social  services  law  relating to the modification of child
  support orders, employer reporting of new hires  and  quarterly  earn-
  ings,  work programs and the noncustodial earned income tax credit, in
  relation to the effectiveness of certain provisions thereof

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

  Section 1. The correction law is amended by adding a new section 149-a
to read as follows:
  S  149-A.  NOTIFICATION  TO INMATES OF THEIR ABILITY TO SEEK MODIFICA-
TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
TO THE CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING  IN  A
CORRECTIONAL  FACILITY  WITHIN  THE STATE OF NEW YORK OF THE POSSIBILITY
THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
A "SUBSTANTIAL CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH  SECTION  TWO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10641-07-2

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