senate Bill S6707

2013-2014 Legislative Session

Relates to sanctions for willful failure to comply with court orders for child support

download bill text pdf

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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 03, 2014 referred to judiciary

S6707 - Details

Law Section:
Family Court Act
Laws Affected:
Amd §§454 & 456, Fam Ct Act

S6707 - Summary

Relates to sanctions for willful failure to comply with court orders for child support.

S6707 - Sponsor Memo

S6707 - Bill Text download pdf

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

                                  6707

                            I N  S E N A T E

                              March 3, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
  Administration) -- read twice and ordered printed, and when printed to
  be committed to the Committee on Judiciary

AN ACT to amend the family court act, in relation to sanctions for will-
  ful failure to comply with court orders for child support

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

  Section 1. Paragraph (c) of subdivision 3 of section 454 of the family
court  act,  as amended by chapter 892 of the laws of 1986 and as relet-
tered by chapter 699 of the laws of 1996, is amended and a new paragraph
(d) is added to read as follows:
  (c) place the respondent on probation [under] PURSUANT TO SECTION FOUR
HUNDRED FIFTY-SIX OF THIS PART UPON such conditions  as  the  court  may
determine  and  in accordance with the provisions of the criminal proce-
dure law[.]; OR
  (D) COMBINE A SENTENCE OR A SUSPENDED SENTENCE OF INCARCERATION PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION WITH  A  REQUIREMENT  THAT  THE
RESPONDENT  PARTICIPATE  IN  A  REHABILITATIVE  PROGRAM  OR BE PLACED ON
PROBATION PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION,  RESPEC-
TIVELY.
  S  2.  Section 456 of the family court act, subdivision (a) as amended
by chapter 809 of the laws of 1963, is amended to read as follows:
  S 456. Probation. (a) No person may be placed on probation under  this
article  unless  the  court makes an order to that effect, either at the
time of the making of an order of support or under section four  hundred
fifty-four  OF THIS PART.  THE ORDER OF PROBATION MY CONTAIN SUCH CONDI-
TIONS AS THE COURT MAY DETERMINE. The MAXIMUM period  of  probation  may
[continue  so  long as an order of support, order of protection or order
of visitation applies to such person] NOT BE GREATER THAN TWO YEARS  OR,
WHERE THE COURT FINDS THAT AGGRAVATING CIRCUMSTANCES EXIST, A PERIOD NOT
GREATER  THAN  FIVE  YEARS. IF THE COURT FINDS, AT THE CONCLUSION OF THE
ORIGINAL PERIOD, UPON NOTICE AND AN OPPORTUNITY TO BE HEARD, THAT EXCEP-
TIONAL CIRCUMSTANCES REQUIRE AN ADDITIONAL YEAR OF PROBATION, THE  COURT
MAY  CONTINUE  PROBATION  FOR  A  PERIOD  NOT GREATER THAN ONE YEAR. FOR

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

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