senate Bill S1402

2013-2014 Legislative Session

Relates to enforcement of orders of child support against inmates

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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 08, 2014 referred to crime victims, crime and correction
Jan 09, 2013 referred to crime victims, crime and correction

Co-Sponsors

S1402 - Details

See Assembly Version of this Bill:
A4584
Current Committee:
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
Versions Introduced in 2011-2012 Legislative Session:
S5473A, A7931A

S1402 - 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.

S1402 - Sponsor Memo

S1402 - Bill Text download pdf

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

                                  1402

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

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
HUNDRED THIRTY-SIX OF  THE  DOMESTIC  RELATIONS  LAW  AND  SECTION  FOUR
HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
  S 2. Subdivision 1  of section 390.30 of the criminal procedure law is
amended to read as follows:
  1.  The  investigation. The pre-sentence investigation consists of the
gathering of information with respect to the circumstances attending the
commission of the offense, the defendant's  history  of  delinquency  or
criminality,  and  the  defendant's  social history, employment history,
family situation, economic status, INCLUDING CHILD SUPPORT  OBLIGATIONS,

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

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