Assembly Bill A1370

2015-2016 Legislative Session

Relates to instituting mandatory jail time if a person is found to have been in willful violation of a support order at least three times

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A1370 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2009-2010: A4640
2011-2012: A4032
2013-2014: A1996
2017-2018: A1497
2019-2020: A1365

2015-A1370 (ACTIVE) - Summary

Institutes mandatory jail time of a minimum of sixty days if a person is found to have been in willful violation of a support order at least three times.

2015-A1370 (ACTIVE) - Bill Text download pdf 

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

                                  1370

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  CROUCH,  FINCH,  OAKS, RAIA -- read once and
  referred to the Committee on Judiciary

AN ACT to amend the family court act, in relation to instituting  manda-
  tory  jail time if a person is found to have been in willful violation
  of a support order at least three times

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

  Section 1. Paragraph (a) of subdivision 3 of section 454 of the family
court  act, as amended by chapter 892 of the laws of 1986, is amended to
read as follows:
  (a) commit the respondent to jail for a term not to exceed six months.
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 subsequently
committing the respondent for failure thereafter to comply with any such
order. A MINIMUM OF SIXTY DAYS JAIL  TIME  SHALL  BE  MANDATORY  IF  THE
VIOLATOR  HAS  BEEN  FOUND TO BE IN WILLFUL VIOLATION BY THE COURT ON AT
LEAST THREE OCCASIONS. EVERY TIME THEREAFTER THAT THE  COURT  FINDS  THE
VIOLATOR  TO  BE  IN WILLFUL VIOLATION HE OR SHE SHALL BE SENTENCED TO A
MINIMUM OF SIXTY DAYS JAIL TIME; or
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05161-01-5

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