|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S618
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S618 - Details
S618 - Summary
Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.
S618 - 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:
S618 - Bill 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
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