Assembly Bill A8385

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8385
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2025
                                ___________
 
 Introduced  by  M.  of  A.  BURROUGHS  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the family court act,  in  relation  to  decreasing  the
   amount  of  time courts can imprison an individual for the non-payment
   of child support and requiring courts to order alternatives to  impri-
   sonment  prior  to  imprisoning  an  individual for the non-payment of
   child support
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and 3 of section 454 of the family court
 act, as amended by chapter 892 of the laws of  1986,  paragraph  (b)  of
 subdivision  3 as added and paragraph (c) of subdivision 3 as relettered
 by chapter 699 of the laws of 1996, are amended to read as follows:
   1. (A) If a respondent is brought before the court for failure to obey
 any lawful order of support and if, after hearing, the court  is  satis-
 fied  by competent proof that the respondent has failed to obey any such
 order, the court may use any or all of the powers conferred upon  it  by
 this  part. The court has the power to use any or all enforcement powers
 in every proceeding brought for violation of a court  order  under  this
 part regardless of the relief requested in the petition.
   (B)  IN  DETERMINING WHETHER A RESPONDENT HAS WILLFULLY FAILED TO OBEY
 ANY LAWFUL ORDER OF SUPPORT FOR THE PURPOSES  OF  SUBDIVISION  THREE  OF
 THIS  SECTION, THE COURT SHALL NOT MAKE SUCH A DETERMINATION UNLESS SUCH
 WILLFULLNESS IS PROVEN BEYOND A  REASONABLE  DOUBT  DURING  THE  HEARING
 REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   3.  Upon a finding by the court that a respondent has willfully failed
 to obey any lawful order of support, the court shall order respondent to
 pay counsel fees to the attorney  representing  petitioner  pursuant  to
 section  four hundred thirty-eight of this act and may in addition to or
 in lieu of any or all of the powers conferred in subdivision two of this
 section or any other section of law:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11292-03-5
              

 A. 8385                             2
 
   (a) commit the respondent to jail  for  a  term  not  to  exceed  [six
 months]  FIVE DAYS FOR EACH FAILURE TO OBEY ANY LAWFUL ORDER OF SUPPORT.
 THE RESPONDENT SHALL NOT BE COMMITTED  FOR  A  PERIOD  EXCEEDING  THIRTY
 DAYS.  [For  purposes  of  this  subdivision, failure to pay support, as
 ordered,  shall constitute prima facie evidence of a willful violation.]
 Such commitment may be served upon certain specified days  or  parts  of
 days  as the court may direct, and the court may, at any time within the
 term of such sentence, revoke such suspension and commit the  respondent
 for  the remainder of the original sentence, or suspend the remainder of
 such sentence. Such commitment does not prevent the  court  from  subse-
 quently  committing the respondent for failure thereafter to comply with
 any such order.  THE COURT SHALL NOT COMMIT A RESPONDENT TO JAIL  BEFORE
 CONSIDERING  AND  ORDERING OTHER ALTERNATIVES, INCLUDING BUT NOT LIMITED
 TO REQUIRING THE RESPONDENT TO PARTICIPATE IN A  REHABILITATIVE  PROGRAM
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; or
   (b)  require the respondent to participate in a rehabilitative program
 if the  court  determines  that  such  participation  would  assist  the
 respondent  in complying with such order of support and access to such a
 program is available. Such rehabilitative programs  shall  include,  but
 not  be limited to, work preparation and skill programs, non-residential
 alcohol and substance abuse programs and educational programs; or
   (c) place the respondent on probation under  such  conditions  as  the
 court  may determine and in accordance with the provisions of the crimi-
 nal procedure law.
   § 2. This act shall take effect immediately.