Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to social services |
Apr 27, 2009 |
referred to social services |
Senate Bill S5086
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Social Services 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
Actions
2009-S5086 (ACTIVE) - Details
- Current Committee:
- Senate Social Services
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §111-b, Soc Serv L; amd §530.11, CP L; amd §812, Fam Ct Act; add §§260.36 & 260.38, Pen L
2009-S5086 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5086 TITLE OF BILL : An act to amend the social services law, the criminal procedure law, the family court act and the penal law, in relation to making it a criminal offense to violate a support order in certain situations PURPOSE OR GENERAL IDEA OF BILL : This bill would make it a crime to willfully not pay court ordered child support. SUMMARY OF SPECIFIC PROVISIONS : This bill would amend the Social Services Law, the Penal Law and the Criminal Procedure Law to provide for concurrent jurisdiction of both Family Court and Criminal Courts. JUSTIFICATION : Far too often parents fail to pay the proper child support as directed and ordered by the Courts of New York State. Often delinquent parents live in nearby states where Family Court warrants are not enforced. By providing a vehicle to permit criminal warrants to be issued in appropriate proceedings delinquent parents will no longer be able to avoid the Courts of this State when seeking to enforce child support. Civil Judgments and civil enforcement measures are sometimes too limited and the need for criminal sanctions is warranted.
2009-S5086 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5086 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. LEIBELL -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services AN ACT to amend the social services law, the criminal procedure law, the family court act and the penal law, in relation to making it a crimi- nal offense to violate a support order in certain situations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 111-b of the social services law is amended by adding a new subdivision 15-a to read as follows: 15-A. WHEN A SUPPORT OBLIGOR WHO IS OR WAS UNDER A COURT ORDER TO PAY CHILD SUPPORT OR COMBINED CHILD AND SPOUSAL SUPPORT TO A SUPPORT COLLECTION UNIT ON BEHALF OF PERSONS RECEIVING SERVICES UNDER THIS TITLE HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT OF SUPPORT DUE PURSUANT TO SUCH ORDER FOR A PERIOD OF FOUR MONTHS, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL NOTIFY THE DISTRICT ATTORNEY IN THE COUNTY WHERE THE COURT ORDER OF SUPPORT WAS ENTERED OF THE SUPPORT OBLIGOR'S FAILURE TO FULLY PAY THE SUPPORT ARREARS. UPON SUCH NOTIFICATION, THE DISTRICT ATTORNEY IS AUTHORIZED TO COMMENCE AN ACTION AGAINST THE SUPPORT OBLIGOR PURSUANT TO SECTIONS 260.36 AND 260.38 OF THE PENAL LAW. FOR PURPOSES OF DETERMINING WHETHER A SUPPORT OBLIGOR HAS ACCUMULATED SUPPORT ARREARS EQUIVALENT TO OR GREATER THAN THE AMOUNT OF SUPPORT DUE FOR A PERIOD OF FOUR MONTHS, THE AMOUNT OF ANY RETROACTIVE SUPPORT, OTHER THAN PERIODIC PAYMENTS OF RETROACTIVE SUPPORT WHICH ARE PAST DUE, SHALL NOT BE INCLUDED IN THE CALCULATION OF SUPPORT ARREARS PURSUANT TO THIS SECTION; HOWEVER, IF AT LEAST FOUR MONTHS OF SUPPORT ARREARS HAVE ACCUMULATED SUBSEQUENT TO THE DATE OF THE COURT ORDER, THE ENTIRE AMOUNT OF ANY RETROACTIVE SUPPORT MAY BE COLLECTED PURSUANT TO THE PROVISIONS OF THIS SECTION OR AS OTHERWISE AUTHORIZED BY LAW. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01702-01-9 S. 5086 2
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