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

                                  4625

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by  M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, SCAR-
  BOROUGH, GALEF, ROBERTS, BRONSON, GUNTHER, WEPRIN,  HOOPER  --  Multi-
  Sponsored  by  -- M. of A. ABBATE, COLTON, CROUCH, MARKEY, McLAUGHLIN,
  MONTESANO, TITONE -- read once and referred to the Committee on  Judi-
  ciary

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07329-01-5

              

A. 4625                             2

  1.   Local criminal courts have trial  jurisdiction  of  all  offenses
other than felonies.  They have:
  (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.