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Assembly Bill A867A

2019-2020 Legislative Session

Authorizes family court judges to transfer certain child support arrears matters to criminal courts

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A867 - Details

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
2013-2014: A2652
2015-2016: A4625
2017-2018: A4890

2019-A867 - Summary

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

2019-A867 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    867
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, GALEF,
   BRONSON, GUNTHER, WEPRIN, MALLIOTAKIS -- Multi-Sponsored by --  M.  of
   A.  ABBATE, COLTON, CROUCH, MONTESANO -- 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.

co-Sponsors

multi-Sponsors

2019-A867A (ACTIVE) - Details

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
2013-2014: A2652
2015-2016: A4625
2017-2018: A4890

2019-A867A (ACTIVE) - Summary

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

2019-A867A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  867--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, GALEF,
   BRONSON, GUNTHER, WEPRIN, MALLIOTAKIS -- Multi-Sponsored by --  M.  of
   A.  ABBATE, COLTON, CROUCH, MONTESANO -- read once and referred to the
   Committee on Judiciary -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee

 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 SHALL CONSIDER REFERRING THE PROCEEDING  TO  A  CRIMINAL
 COURT  OF  COMPETENT  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, AND (III) 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01491-02-9

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