Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.
TITLE OF BILL: An act to amend the family court act and the criminal procedure law, in relation to parental failure to pay child support
PURPOSE OR GENERAL IDEA OF BILL: To enable family court to refer child support arrears to criminal courts when arrest warrants have been issued.
SUMMARY OF SPECIFIC PROVISIONS: 1. Amends section 454 of the family court act to add court jurisdiction to refer a case to criminal court if an arrest warrant has been issued but no arrest was made, one year has passed since the warrant was issued and the arrears have not been paid.
2. Adds a provision to subdivision 1 of section 10.20 of to criminal procedural to give this jurisdiction to superior courts.
3. Adds a provision to subdivision 1 of section 10.30 of to criminal procedural to give this jurisdiction to lower courts.
JUSTIFICATION: This bill enhances family court's ability to enforce violations of nonsupport of a child, which under current penal law is a misdemeanor or a felony based on the degree of the infraction. In cases in which an arrest warrant has been issued for non-support of a child or for contempt of a child support court order, one year has passed since the warrant was issued, and child support arrears have not been paid, family court will be given the jurisdiction to refer the case to criminal court for prosecution. By strengthening the law's ability to hold delinquent parents accountable for non-support, this bill will protect children and families who rely on child support for their livelihood and well-being.
PRIOR LEGISLATIVE HISTORY: 2012: Senate Bill 4214-A (Gianaris) - Died in Senate Judiciary Committee 2012: Assembly Bill 6362-A (Simotas) - Died in Assembly Judiciary Committee
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 618 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. GIANARIS -- read twice and ordered printed, and when printed to be committed 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: 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. LBD01848-01-3 S. 618 2
(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.