Assembly Bill A1365

2019-2020 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

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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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2019-A1365 (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
2015-2016: A1370
2017-2018: A1497

2019-A1365 (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.

2019-A1365 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1365
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by M. of A. CROUCH, FINCH, 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
   § 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.
                                                            LBD02891-01-9

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