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
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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.