NY State Assembly Bill 2021-A3063A

Assembly Bill A3063A

2021-2022 Legislative Session

Relates to eliminating the ability of a court to commit a respondent to jail or place a respondent on probation as a penalty for violation of a support order; repealer

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Sep 27, 2021	print number 3063a
Sep 27, 2021	amend (t) and recommit to judiciary
Jan 22, 2021	referred to judiciary

Bill Amendments

Original

A (Active)

2021-A3063 - Details

See Senate Version of this Bill:: S7387
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §§454 & 439, rpld §§455 & 456, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11038
2023-2024: A457, S317

2021-A3063 - Summary

Relates to eliminating the ability of a court to commit a respondent to jail or place a respondent on probation as a penalty for violation of a support order.

2021-A3063 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3063
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on Judiciary
 
 AN ACT to amend the family court act, in  relation  to  eliminating  the
   ability  of  a  court  to commit a respondent to jail as a penalty for
   violation of a support order; and to repeal certain provisions of such
   law relating thereto

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  3 of section 454 of the family court act, as
 amended by chapter 892 of the laws of 1986, paragraph (b) as  added  and
 paragraph  (c)  as  relettered  by  chapter  699 of the laws of 1996, is
 amended to read as follows:
   3. Upon a finding by the court that a respondent has willfully  failed
 to obey any lawful order of support, the court shall order respondent to
 pay  counsel  fees  to  the attorney representing petitioner pursuant to
 section four hundred thirty-eight of this act and may in addition to  or
 in lieu of any or all of the powers conferred in subdivision two of this
 section or any other section of law:
   (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  subse-
 quently  committing the respondent for failure thereafter to comply with
 any such order; or
   (b)] require the respondent to participate in a rehabilitative program
 if the  court  determines  that  such  participation  would  assist  the
 respondent  in complying with such order of support and access to such a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03156-01-1

 A. 3063                             2
 
 program is available. Such rehabilitative programs  shall  include,  but
 not  be limited to, work preparation and skill programs, non-residential
 alcohol and substance abuse programs and educational programs; or
   [(c)]  (B)  place the respondent on probation under such conditions as
 the court may determine and in accordance with  the  provisions  of  the
 criminal procedure law.
   § 2. Section 455 of the family court act is REPEALED.
   §  3.  Subdivision  (a)  of  section  439  of the family court act, as
 amended by section 1 of chapter 468 of the laws of 2012, is  amended  to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, and five-B and sections two hundred thirty-four and two  hundred
 thirty-five  of this act, and objections raised pursuant to section five
 thousand two hundred forty-one of the  civil  practice  law  and  rules.
 Support  magistrates shall not be empowered to hear, determine and grant
 any relief with respect to [issues specified  in  section  four  hundred
 fifty-five  of  this  article,]  issues of contested paternity involving
 claims of equitable estoppel, custody, visitation  including  visitation
 as  a  defense,  and orders of protection or exclusive possession of the
 home, which shall be referred to a judge as provided in subdivision  (b)
 or (c) of this section. Where an order of filiation is issued by a judge
 in  a  paternity proceeding and child support is in issue, the judge, or
 support magistrate upon referral from the judge, shall be authorized  to
 immediately make a temporary or final order of support, as applicable. A
 support  magistrate  shall have the authority to hear and decide motions
 and issue summonses and subpoenas to produce persons pursuant to section
 one hundred fifty-three of this act, hear  and  decide  proceedings  and
 issue  any  order authorized by subdivision (g) of section five thousand
 two hundred forty-one of the civil practice law and rules, issue subpoe-
 nas to produce prisoners pursuant to section two thousand three  hundred
 two  of  the  civil practice law and rules and make a determination that
 any person before the support magistrate is in violation of an order  of
 the  court  as  authorized  by section one hundred fifty-six of this act
 subject to confirmation by a judge of the court  who  shall  impose  any
 punishment  for  such violation as provided by law. A determination by a
 support magistrate that a person is in willful  violation  of  an  order
 under subdivision three of section four hundred fifty-four of this arti-
 cle  and that recommends commitment shall be transmitted to the parties,
 accompanied by findings of fact, but the  determination  shall  have  no
 force and effect until confirmed by a judge of the court.
   §  4.  Subdivision  (a)  of  section  439  of the family court act, as
 amended by section 21 of part L of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, five-B and five-C and sections two hundred thirty-four  and  two
 hundred  thirty-five  of  this  act,  and  objections raised pursuant to

 A. 3063                             3
 
 section five thousand two hundred forty-one of the  civil  practice  law
 and rules. Support magistrates shall not be empowered to hear, determine
 and  grant  any relief with respect to [issues specified in section four
 hundred  fifty-five  of  this  article,]  issues  of contested parentage
 involving claims of equitable estoppel,  custody,  visitation  including
 visitation  as  a  defense, determinations of parentage made pursuant to
 section 581-407 of this act,  and  orders  of  protection  or  exclusive
 possession  of  the home, which shall be referred to a judge as provided
 in subdivision (b) or (c) of this section. Where an order  of  filiation
 is  issued  by a judge in a paternity proceeding and child support is in
 issue, the judge, or support magistrate upon referral  from  the  judge,
 shall  be  authorized  to immediately make a temporary or final order of
 support, as applicable. A support magistrate shall have the authority to
 hear and decide motions and issue summonses  and  subpoenas  to  produce
 persons  pursuant  to  section one hundred fifty-three of this act, hear
 and decide proceedings and issue any order authorized by subdivision (g)
 of section five thousand two hundred forty-one of the civil practice law
 and rules, issue subpoenas to produce prisoners pursuant to section  two
 thousand  three hundred two of the civil practice law and rules and make
 a determination that any person before  the  support  magistrate  is  in
 violation  of an order of the court as authorized by section one hundred
 fifty-six of this act subject to confirmation by a judge  of  the  court
 who shall impose any punishment for such violation as provided by law. A
 determination  by  a  support  magistrate  that  a  person is in willful
 violation of an order under subdivision three of  section  four  hundred
 fifty-four of this article and that recommends commitment shall be tran-
 smitted  to the parties, accompanied by findings of fact, but the deter-
 mination shall have no force and effect until confirmed by  a  judge  of
 the court.
   §  5.  Subdivision  (a)  of  section  439  of the family court act, as
 amended by section 2 of chapter 468 of the laws of 2012, is  amended  to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, and five-B and sections two hundred thirty-four and two  hundred
 thirty-five  of this act, and objections raised pursuant to section five
 thousand two hundred forty-one of the  civil  practice  law  and  rules.
 Support  magistrates shall not be empowered to hear, determine and grant
 any relief with respect to [issues specified  in  section  four  hundred
 fifty-five  of  this  article,]  issues of contested paternity involving
 claims of equitable estoppel, custody, visitation  including  visitation
 as  a  defense,  and orders of protection or exclusive possession of the
 home, which shall be referred to a judge as provided in subdivision  (b)
 or (c) of this section. Where an order of filiation is issued by a judge
 in  a  paternity proceeding and child support is in issue, the judge, or
 support magistrate upon referral from the judge, shall be authorized  to
 immediately make a temporary or final order of support, as applicable. A
 support  magistrate  shall have the authority to hear and decide motions
 and issue summonses and subpoenas to produce persons pursuant to section
 one hundred fifty-three of this act, hear  and  decide  proceedings  and
 issue  any  order authorized by subdivision (g) of section five thousand
 two hundred forty-one of the civil practice law and rules, issue subpoe-

 A. 3063                             4
 
 nas to produce prisoners pursuant to section two thousand three  hundred
 two  of  the  civil practice law and rules and make a determination that
 any person before the support magistrate is in violation of an order  of
 the  court  as  authorized  by section one hundred fifty-six of this act
 subject to confirmation by a judge of the court  who  shall  impose  any
 punishment  for  such violation as provided by law. A determination by a
 support magistrate that a person is in willful  violation  of  an  order
 under subdivision three of section four hundred fifty-four of this arti-
 cle  and that recommends commitment shall be transmitted to the parties,
 accompanied by findings of fact, but the  determination  shall  have  no
 force and effect until confirmed by a judge of the court.
   §  6.  Subdivision  (c)  of  section  439  of the family court act, as
 amended by chapter 576 of the laws  of  2005,  is  amended  to  read  as
 follows:
   (c)  The support magistrate, in any proceeding in which [issues speci-
 fied in section four hundred fifty-five  of  this  act,  or]  issues  of
 custody,  visitation,  including  visitation  as  a  defense,  orders of
 protection or exclusive possession of the home are present or  in  which
 paternity  is contested on the grounds of equitable estoppel, shall make
 a temporary order of support and refer the proceeding to a  judge.  Upon
 determination  of  such  issue  by  a  judge, the judge may make a final
 determination of the issue of support, or immediately refer the proceed-
 ing to a support magistrate  for  further  proceedings  regarding  child
 support or other matters within the authority of the support magistrate.
   §  7.  This  act shall take effect on the thirtieth day after it shall
 have become a law, provided that the amendments to  subdivision  (a)  of
 section  439  of  the  family court act made by section four of this act
 shall take effect on the same date and in the same manner as section  21
 of  chapter  56  of the laws of 2020, takes effect and be subject to the
 expiration and reversion of such subdivision pursuant to subdivision  19
 of  section  246 of chapter 81 of the laws of 1995 as amended, when upon
 such date the provisions of section five of this act shall take effect.

co-Sponsors

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2021-A3063A (ACTIVE) - Details

See Senate Version of this Bill:: S7387
Current Committee:: Assembly Judiciary
Law Section:: Family Court Act
Laws Affected:: Amd §§454 & 439, rpld §§455 & 456, Fam Ct Act
Versions Introduced in Other Legislative Sessions:: 2019-2020: A11038
2023-2024: A457, S317

2021-A3063A (ACTIVE) - Summary

Relates to eliminating the ability of a court to commit a respondent to jail or place a respondent on probation as a penalty for violation of a support order.

2021-A3063A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3063--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
   tee on  Judiciary  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the family court act, in relation to eliminating the
   ability of a court to commit a respondent to jail or place a  respond-
   ent on probation as a penalty for violation of a support order; and to
   repeal certain provisions of such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 454 of the family  court  act,  as
 amended  by  chapter 892 of the laws of 1986, paragraph (b) as added and
 paragraph (c) as relettered by chapter 699  of  the  laws  of  1996,  is
 amended to read as follows:
   3.  Upon a finding by the court that a respondent has willfully failed
 to obey any lawful order of support, the court shall order respondent to
 pay counsel fees to the attorney  representing  petitioner  pursuant  to
 section  four hundred thirty-eight of this act and may in addition to or
 in lieu of any or all of the powers conferred in subdivision two of this
 section or any other section of law[:
   (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; or
   (b)] , require the  respondent  to  participate  in  a  rehabilitative
 program if the court determines that such participation would assist the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03156-03-1

 A. 3063--A                          2
 
 respondent  in complying with such order of support and access to such a
 program is available. Such rehabilitative programs  shall  include,  but
 not  be limited to, work preparation and skill programs, non-residential
 alcohol and substance abuse programs and educational programs[; or
   (c)  place  the  respondent  on probation under such conditions as the
 court may determine and in accordance with the provisions of the  crimi-
 nal procedure law].
   § 2. Sections 455 and 456 of the family court act are REPEALED.
   §  3.  Subdivision  (a)  of  section  439  of the family court act, as
 amended by section 21 of part L of chapter 56 of the laws  of  2020,  is
 amended to read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, five-B and five-C and sections two hundred thirty-four  and  two
 hundred  thirty-five  of  this  act,  and  objections raised pursuant to
 section five thousand two hundred forty-one of the  civil  practice  law
 and rules. Support magistrates shall not be empowered to hear, determine
 and  grant  any relief with respect to [issues specified in section four
 hundred fifty-five of  this  article,]  issues  of  contested  parentage
 involving  claims  of  equitable estoppel, custody, visitation including
 visitation as a defense, determinations of parentage  made  pursuant  to
 section  581-407  of  this  act,  and  orders of protection or exclusive
 possession of the home, which shall be referred to a judge  as  provided
 in  subdivision  (b) or (c) of this section. Where an order of filiation
 is issued by a judge in a paternity proceeding and child support  is  in
 issue,  the  judge,  or support magistrate upon referral from the judge,
 shall be authorized to immediately make a temporary or  final  order  of
 support, as applicable. A support magistrate shall have the authority to
 hear  and  decide  motions  and issue summonses and subpoenas to produce
 persons pursuant to section one hundred fifty-three of  this  act,  hear
 and decide proceedings and issue any order authorized by subdivision (g)
 of section five thousand two hundred forty-one of the civil practice law
 and  rules, issue subpoenas to produce prisoners pursuant to section two
 thousand three hundred two of the civil practice law and rules and  make
 a  determination  that  any  person  before the support magistrate is in
 violation of an order of the court as authorized by section one  hundred
 fifty-six  of  this  act subject to confirmation by a judge of the court
 who shall impose any punishment for such violation as provided  by  law.
 [A  determination  by  a  support magistrate that a person is in willful
 violation of an order under subdivision three of  section  four  hundred
 fifty-four of this article and that recommends commitment shall be tran-
 smitted  to the parties, accompanied by findings of fact, but the deter-
 mination shall have no force and effect until confirmed by  a  judge  of
 the court.]
   §  4.  Subdivision  (a)  of  section  439  of the family court act, as
 amended by section 2 of chapter 468 of the laws of 2012, is  amended  to
 read as follows:
   (a) The chief administrator of the courts shall provide, in accordance
 with  subdivision  (f)  of this section, for the appointment of a suffi-
 cient number of  support  magistrates  to  hear  and  determine  support
 proceedings.  Except  as hereinafter provided, support magistrates shall
 be empowered to hear, determine and grant any relief within  the  powers

 A. 3063--A                          3
 
 of  the  court  in  any  proceeding  under  this article, articles five,
 five-A, and five-B and sections two hundred thirty-four and two  hundred
 thirty-five  of this act, and objections raised pursuant to section five
 thousand  two  hundred  forty-one  of  the civil practice law and rules.
 Support magistrates shall not be empowered to hear, determine and  grant
 any  relief  with  respect  to [issues specified in section four hundred
 fifty-five of this article,] issues  of  contested  paternity  involving
 claims  of  equitable estoppel, custody, visitation including visitation
 as a defense, and orders of protection or exclusive  possession  of  the
 home,  which shall be referred to a judge as provided in subdivision (b)
 or (c) of this section. Where an order of filiation is issued by a judge
 in a paternity proceeding and child support is in issue, the  judge,  or
 support  magistrate upon referral from the judge, shall be authorized to
 immediately make a temporary or final order of support, as applicable. A
 support magistrate shall have the authority to hear and  decide  motions
 and issue summonses and subpoenas to produce persons pursuant to section
 one  hundred  fifty-three  of  this act, hear and decide proceedings and
 issue any order authorized by subdivision (g) of section  five  thousand
 two hundred forty-one of the civil practice law and rules, issue subpoe-
 nas  to produce prisoners pursuant to section two thousand three hundred
 two of the civil practice law and rules and make  a  determination  that
 any  person before the support magistrate is in violation of an order of
 the court as authorized by section one hundred  fifty-six  of  this  act
 subject  to  confirmation  by  a judge of the court who shall impose any
 punishment for such violation as provided by law. [A determination by  a
 support  magistrate  that  a  person is in willful violation of an order
 under subdivision three of section four hundred fifty-four of this arti-
 cle and that recommends commitment shall be transmitted to the  parties,
 accompanied  by  findings  of  fact, but the determination shall have no
 force and effect until confirmed by a judge of the court.]
   § 5. Subdivision (c) of section  439  of  the  family  court  act,  as
 amended  by  chapter  576  of  the  laws  of 2005, is amended to read as
 follows:
   (c) The support magistrate, in any proceeding in which [issues  speci-
 fied  in  section  four  hundred  fifty-five  of this act, or] issues of
 custody, visitation,  including  visitation  as  a  defense,  orders  of
 protection  or  exclusive possession of the home are present or in which
 paternity is contested on the grounds of equitable estoppel, shall  make
 a  temporary  order of support and refer the proceeding to a judge. Upon
 determination of such issue by a judge,  the  judge  may  make  a  final
 determination of the issue of support, or immediately refer the proceed-
 ing  to  a  support  magistrate  for further proceedings regarding child
 support or other matters within the authority of the support magistrate.
   § 6. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law, provided that the amendments to subdivision (a) of
 section 439 of the family court act made by section three  of  this  act
 shall  be  subject  to  the expiration and reversion of such subdivision
 pursuant to subdivision 19 of section 246 of chapter 81 of the  laws  of
 1995  as  amended, when upon such date the provisions of section four of
 this act shall take effect.

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Assembly Bill A3063A

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EPSTEIN