|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|
senate Bill S1402
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1402 - Details
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
BILL NUMBER:S1402 TITLE OF BILL: 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 earnings, work programs and the noncustodial earned income tax credit, in relation to the effectiveness of certain provisions thereof PURPOSE: This bill would enable people residing in a state correctional facility to be informed of their right to modify an existing child support order pursuant to Chapter 182 of the Laws of 2010. In addition and with the approval of the court, individuals released from prison may be granted up to 180 days before they begin to fulfill their child support obligations. SUMMARY OF PROVISIONS: Section 1 of the bill amends the correction law to add a new section 149-a requiring that all people residing in a correctional facility be notified of their possible eligibility to modify an existing child support order based on their "substantial change in circumstances."
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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