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

                                  2652

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 17, 2013
                               ___________

Introduced by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, MAISEL,
  SCARBOROUGH,  GABRYSZAK,  GALEF,  ROBERTS,  BRONSON,  GUNTHER, WEPRIN,
  HOOPER -- Multi-Sponsored by --  M.  of  A.  ABBATE,  COLTON,  CROUCH,
  GIBSON,  JORDAN,  LOSQUADRO,  MARKEY, McLAUGHLIN, MONTESANO, TITONE --
  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.
  S 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.
  S 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.
                                                           LBD01848-01-3

              

A. 2652                             2

  1.    Local  criminal  courts  have trial jurisdiction of all offenses
other than felonies.  They have:
  (a)    Exclusive  trial  jurisdiction of petty offenses except for the
superior court jurisdiction  thereof  prescribed  in  paragraph  (c)  of
subdivision one of section 10.20; [and]
  (b)    Trial  jurisdiction of misdemeanors concurrent with that of the
superior courts but subject to divestiture thereof by the latter in  any
particular case; AND
  (C)  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.
  S 4. This act shall take effect immediately.