Assembly Bill A4263

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4263
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEPRIN,  O'DONNELL,  AUBRY  -- read once and
   referred to the Committee on Correction
 
 AN ACT to amend the correction law, the criminal procedure law  and  the
   domestic  relations  law,  in relation to child support obligations of
   inmates; and to amend section 13 of chapter 182 of the  laws  of  2010
   amending the tax law, the family court act, the domestic relations law
   and  the  social  services  law  relating to the modification of child
   support orders, employer reporting of new hires  and  quarterly  earn-
   ings,  work programs and the noncustodial earned income tax credit, in
   relation to the effectiveness of certain provisions thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The correction law is amended by adding a new section 149-a
 to read as follows:
   §  149-A.  NOTIFICATION  TO INMATES OF THEIR ABILITY TO SEEK MODIFICA-
 TIONS OF AN ORDER OF CHILD SUPPORT. NOTWITHSTANDING ANY PROVISION OF LAW
 TO THE CONTRARY, THE DEPARTMENT SHALL NOTIFY ALL INMATES RESIDING  IN  A
 CORRECTIONAL  FACILITY  WITHIN  THE STATE OF NEW YORK OF THE POSSIBILITY
 THAT THEY MAY BE ABLE TO MODIFY AN EXISTING CHILD SUPPORT ORDER BASED ON
 A "SUBSTANTIAL CHANGE IN CIRCUMSTANCES" IN ACCORDANCE WITH  SECTION  TWO
 HUNDRED  THIRTY-SIX  OF  THE  DOMESTIC  RELATIONS  LAW  AND SECTION FOUR
 HUNDRED FIFTY-ONE OF THE FAMILY COURT ACT.
   § 2. Subdivision 1  of section 390.30 of the criminal procedure law is
 amended to read as follows:
   1. The investigation. The pre-sentence investigation consists  of  the
 gathering of information with respect to the circumstances attending the
 commission  of  the  offense,  the defendant's history of delinquency or
 criminality, and the defendant's  social  history,  employment  history,
 family  situation, economic status, INCLUDING CHILD SUPPORT OBLIGATIONS,
 education, and personal habits. Such investigation may also include  any
 other  matter  which the agency conducting the investigation deems rele-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02877-01-9

 A. 4263                             2
 
 vant to the question of sentence, and must include any matter the  court
 directs to be included.
   §  3. Subdivision 9 of part B of section 236 of the domestic relations
 law is amended by adding a new paragraph e to read as follows:
   E. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON AN
 APPLICATION FOR A MODIFICATION OF CHILD SUPPORT PURSUANT TO THIS  SUBDI-
 VISION,  THE  COURT IN ITS DISCRETION, MAY ISSUE AN ORDER DIRECTING THAT
 AN ORDER FOR PAYMENT OF CHILD SUPPORT BE STAYED FOR A PERIOD  OF  UP  TO
 ONE  HUNDRED EIGHTY DAYS FOLLOWING THE RELEASE OF A NON-CUSTODIAL PARENT
 FROM A PERIOD OF INCARCERATION.  ARREARS SHALL ACCRUE DURING SUCH  PERI-
 OD.  THE  ORIGINAL  ORDER, OR ANY MODIFIED ORDER SHALL BE ENFORCEABLE AT
 THE END OF SUCH STAY.
   § 4. Section 13 of chapter 182 of the laws of 2010  amending  the  tax
 law,  the  family  court  act, the domestic relations law and the social
 services law relating to  the  modification  of  child  support  orders,
 employer  reporting  of  new hires and quarterly earnings, work programs
 and the noncustodial earned income tax credit  is  amended  to  read  as
 follows:
   §  13.  This act shall take effect on the ninetieth day after it shall
 have become law; provided however, that sections six and seven  of  this
 act shall apply to any action or proceeding to modify any order of child
 support  entered  on or after the effective date of this act except that
 if the child support order incorporated without merging a  valid  agree-
 ment or stipulation of the parties, the amendments regarding the modifi-
 cation  of  a child support order set forth in sections six and seven of
 this act shall only apply if the incorporated agreement  or  stipulation
 was  executed  on  or  after  this act's effective date, AND EXCEPT THAT
 SECTIONS SIX AND SEVEN OF THIS ACT SHALL APPLY TO ANY ACTION OR PROCEED-
 ING TO MODIFY A CHILD SUPPORT ORDER ENTERED AGAINST ANY PERSON WHO IS AN
 INMATE IN A CORRECTIONAL FACILITY  IN  THIS  STATE  WHOSE  INCARCERATION
 BEGAN  PRIOR  TO  THE EFFECTIVE DATE OF THIS ACT; provided however, that
 sections three and four of this act  shall  take  effect  on  the  three
 hundred sixty-fifth day after it shall have become a law.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.