Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 03, 2014 |
referred to judiciary |
Senate Bill S6707
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2013-S6707 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §§454 & 456, Fam Ct Act
2013-S6707 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6707 TITLE OF BILL: An act to amend the family court act, in relation to sanctions for willful failure to comply with court orders for child support This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Family Court Advisory and Rules Committee. To realize the statutory goal of providing adequate support to New York's children, Family Court must be able to rigorously enforce its orders. It must be able to secure compliance through imposition of a diverse array of sanctions appropriate in severity and responsive to the individual problems presented. License suspensions, Department of Taxation and Finance referrals, lottery and tax refund interceptions, sequestration of property, imposition of income deduction orders and referrals to rehabilitative or work programs, where available, are all useful tools in particular cases. See Family Court Act § 454, et seq. However, in particularly intractable cases of willful violations of court orders for child support, including those involving child support obligors who are self-employed or who are paid in cash or "off the books," the ultimate sanction of incarceration may be the only meaningful sanction currently available to the Court. Clearly, incarceration, which at least temporarily cuts off a support obligor's earning capacity altogether, is a costly, sometimes self-defeating
2013-S6707 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6707 I N S E N A T E March 3, 2014 ___________ Introduced by Sen. DeFRANCISCO -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the family court act, in relation to sanctions for will- ful failure to comply with court orders for child support THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 3 of section 454 of the family court act, as amended by chapter 892 of the laws of 1986 and as relet- tered by chapter 699 of the laws of 1996, is amended and a new paragraph (d) is added to read as follows: (c) place the respondent on probation [under] PURSUANT TO SECTION FOUR HUNDRED FIFTY-SIX OF THIS PART UPON such conditions as the court may determine and in accordance with the provisions of the criminal proce- dure law[.]; OR (D) COMBINE A SENTENCE OR A SUSPENDED SENTENCE OF INCARCERATION PURSU- ANT TO PARAGRAPH (A) OF THIS SUBDIVISION WITH A REQUIREMENT THAT THE RESPONDENT PARTICIPATE IN A REHABILITATIVE PROGRAM OR BE PLACED ON PROBATION PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, RESPEC- TIVELY. S 2. Section 456 of the family court act, subdivision (a) as amended by chapter 809 of the laws of 1963, is amended to read as follows: S 456. Probation. (a) No person may be placed on probation under this article unless the court makes an order to that effect, either at the time of the making of an order of support or under section four hundred fifty-four OF THIS PART. THE ORDER OF PROBATION MY CONTAIN SUCH CONDI- TIONS AS THE COURT MAY DETERMINE. The MAXIMUM period of probation may [continue so long as an order of support, order of protection or order of visitation applies to such person] NOT BE GREATER THAN TWO YEARS OR, WHERE THE COURT FINDS THAT AGGRAVATING CIRCUMSTANCES EXIST, A PERIOD NOT GREATER THAN FIVE YEARS. IF THE COURT FINDS, AT THE CONCLUSION OF THE ORIGINAL PERIOD, UPON NOTICE AND AN OPPORTUNITY TO BE HEARD, THAT EXCEP- TIONAL CIRCUMSTANCES REQUIRE AN ADDITIONAL YEAR OF PROBATION, THE COURT MAY CONTINUE PROBATION FOR A PERIOD NOT GREATER THAN ONE YEAR. FOR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.