Assembly Bill A4890

2017-2018 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 Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2017-A4890 (ACTIVE) - Details

See Senate Version of this Bill:
S3300
Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act; amd §§10.20 & 10.30, CP L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6362, S4214
2013-2014: A2652, S618
2015-2016: A4625, S2485
2019-2020: A867

2017-A4890 (ACTIVE) - Summary

Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.

2017-A4890 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4890
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, GALEF,
   BRONSON, GUNTHER, WEPRIN, HOOPER, MALLIOTAKIS -- Multi-Sponsored by --
   M. of A.   ABBATE, COLTON, CROUCH, McLAUGHLIN,  MONTESANO,  TITONE  --
   read once and referred 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.
   §  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.
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.