Assembly Bill A4640

2009-2010 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

download bill text pdf

Sponsored By

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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2009-A4640 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Family Court Act
Laws Affected:
Amd §454, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2011-2012: A4032
2013-2014: A1996
2015-2016: A1370
2017-2018: A1497
2019-2020: A1365

2009-A4640 (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.

2009-A4640 (ACTIVE) - Bill Text download pdf 

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

                                  4640

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by  M. of A. CROUCH -- Multi-Sponsored by -- M. of A. FINCH,
  OAKS, RAIA, TOWNSEND -- 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.
                                                           LBD06984-01-9

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