senate Bill S618

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

Co-Sponsors

S618 - Bill Details

See Assembly Version of this Bill:
A2652
Current Committee:
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act; amd §§10.20 & 10.30, CP L
Versions Introduced in 2011-2012 Legislative Session:
S4214A, A6362A

S618 - 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:S618

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:
2012: Senate Bill
4214-A (Gianaris) - Died in Senate Judiciary
Committee
2012: Assembly Bill
6362-A (Simotas) - Died in Assembly
Judiciary Committee

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   618

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 (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:
  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.
                                                           LBD01848-01-3

S. 618                              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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.