senate Bill S3847

2017-2018 Legislative Session

Relates to orders of protection and child support enforcement

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
May 22, 2018 advanced to third reading
May 16, 2018 2nd report cal.
May 15, 2018 1st report cal.1279
Jan 03, 2018 referred to codes
Jan 27, 2017 referred to codes

Votes

view votes

May 15, 2018 - Codes committee Vote

S3847
14
1
committee
14
Aye
1
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Codes committee vote details

Codes Committee Vote: May 15, 2018

nay (1)
excused (1)

Co-Sponsors

S3847 - Details

Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §530.11, CP L; amd §§812 & 454, Fam Ct Act; amd §240, Dom Rel L; amd §§5241 & 5242, CPLR

S3847 - Summary

Requires an order of protection that has been issued to a victim of domestic violence to include a provision that the order shall not expire or be vacated unless the party against whom such order is issued is in compliance with any court order directing him or her to pay child support and requires an automatic income deduction order for such order of support.

S3847 - Sponsor Memo

S3847 - Bill Text download pdf


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

                                  3847

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the family  court  act,  the
  domestic  relations  law  and  the  civil  practice  law and rules, in
  relation to orders of protection and child support enforcement

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

  Section  1. Section 530.11 of the criminal procedure law is amended by
adding a new subdivision 8 to read as follows:
  8. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
DIRECTING HIM OR HER TO PAY CHILD SUPPORT.
  §  2.  Section  812 of the family court act is amended by adding a new
subdivision 6 to read as follows:
  6. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
DIRECTING HIM OR HER TO PAY CHILD SUPPORT.
  §  3.  Subdivision  3  of section 240 of the domestic relations law is
amended by adding a new paragraph j to read as follows:
  J. AN ORDER OF PROTECTION THAT HAS BEEN  ISSUED  BY  THE  COURT  TO  A
VICTIM  OF  DOMESTIC VIOLENCE, AS DEFINED IN SECTION FOUR HUNDRED FIFTY-
NINE-A OF THE SOCIAL SERVICES LAW, SHALL INCLUDE A PROVISION  THAT  SUCH
ORDER  SHALL  NOT  EXPIRE OR BE VACATED FOR ANY REASON, UNLESS THE PARTY
AGAINST WHOM SUCH ORDER IS ISSUED IS IN COMPLIANCE WITH ANY COURT  ORDER
DIRECTING HIM OR HER TO PAY CHILD SUPPORT.

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

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