Assembly Actions -
Senate Actions - UPPERCASE
|Jun 22, 2022
referred to rules
Senate Bill S9489
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Rules Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S9489 (ACTIVE) - Details
2021-S9489 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9489 SPONSOR: GOUNARDES TITLE OF BILL: An act to amend the family court act and the social services law, in relation to a vehicular assailant's duty to support a surviving child PURPOSE OR GENERAL IDEA OF BILL: To create a child support program for children whose parents are killed as a result of reckless driving SUMMARY OF PROVISIONS: Section one of this bill adds a new section 419 to the Family Court Act to provide that an individual convicted of vehicular manslaughter in the first or second degree or aggravated vehicular homicide who causes the death of a parent as a result of such action shall provide child support for the surviving children of such deceased parent. Sections two and three make conforming changes to section 413-A of the
2021-S9489 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9489 I N S E N A T E June 22, 2022 ___________ Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act and the social services law, in relation to a vehicular assailant's duty to support a surviving child THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The family court act is amended by adding a new section 419 to read as follows: § 419. VEHICULAR ASSAILANT'S DUTY TO SUPPORT A SURVIVING CHILD. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY: (A) "CHILD SUPPORT" SHALL MEAN A SUM TO BE PAID PURSUANT TO COURT ORDER OR DECREE BY A VEHICULAR ASSAILANT FOR THE CARE, MAINTENANCE AND EDUCATION OF ANY UNEMANCIPATED SURVIVING CHILD. (B) "DECEASED PARENT OR GUARDIAN" SHALL MEAN A CUSTODIAL PARENT, LEGAL GUARDIAN, OR OTHER PERSON WHO PRIOR TO THEIR DEATH HAD LEGAL CUSTODY OF A SURVIVING CHILD OR ANY OTHER PERSON WITH WHOM A SURVIVING CHILD LIVED WHO HAD ASSUMED RESPONSIBILITY FOR THE DAY-TO-DAY CARE AND CUSTODY OF THE CHILD AND WHOSE DEATH WAS CAUSED BY A VEHICULAR ASSAILANT. (C) "INCOME" SHALL MEAN, BUT SHALL NOT BE LIMITED TO, THE SUM OF THE AMOUNTS DETERMINED BY THE APPLICATION OF SUBPARAGRAPHS (I), (II), (III), (IV) AND (V) OF THIS PARAGRAPH REDUCED BY THE AMOUNT DETERMINED BY THE APPLICATION OF SUBPARAGRAPH (VI) OF THIS PARAGRAPH: (I) GROSS INCOME AS SHOULD HAVE BEEN REPORTED OR SHOULD BE REPORTED IN THE MOST RECENT FEDERAL INCOME TAX RETURN. IF AN INDIVIDUAL FILES HIS OR HER FEDERAL INCOME TAX RETURN AS A MARRIED PERSON FILING JOINTLY, SUCH PERSON SHALL BE REQUIRED TO PREPARE A FORM, SWORN TO UNDER PENALTY OF LAW, DISCLOSING HIS OR HER GROSS INCOME INDIVIDUALLY; (II) TO THE EXTENT NOT ALREADY INCLUDED IN GROSS INCOME IN SUBPARA- GRAPH (I) OF THIS PARAGRAPH, INVESTMENT INCOME REDUCED BY SUMS EXPENDED IN CONNECTION WITH SUCH INVESTMENT; (III) TO THE EXTENT NOT ALREADY INCLUDED IN GROSS INCOME IN SUBPARA- GRAPHS (I) AND (II) OF THIS PARAGRAPH, THE AMOUNT OF INCOME OR COMPEN- SATION VOLUNTARILY DEFERRED AND INCOME RECEIVED, IF ANY, FROM THE FOLLOWING SOURCES: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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