Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to judiciary |
Jan 23, 2015 |
referred to judiciary |
Senate Bill S2485
2015-2016 Legislative Session
Sponsored By
(D, WF) 12th 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
co-Sponsors
(D, WF) 28th Senate District
2015-S2485 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4625
- Current Committee:
- Senate Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Amd §454, Fam Ct Act; amd §§10.20 & 10.30, CP L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S4214, A6362
2013-2014: S618, A2652
2017-2018: S3300, A4890
2019-2020: A867
2015-S2485 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2485 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. Adds a new paragraph (j) to subdivision 2 of section 454 of the Family Court Act to give a court jurisdiction providing 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. Amends subdivision 1 of section 10.20 of the Criminal Procedural Law to give this jurisdiction to superior courts. 3. Amends subdivision 1 of section 10.30 of the Criminal Procedural Law to give this jurisdiction to lower courts.
2015-S2485 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2485 2015-2016 Regular Sessions I N S E N A T E January 23, 2015 ___________ Introduced by Sens. GIANARIS, KRUEGER -- 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. LBD07329-01-5 S. 2485 2
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