NY State Senate Bill 2023-S317

Senate Bill S317

2023-2024 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

download bill text pdf

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to judiciary
Jan 04, 2023	referred to judiciary

2023-S317 (ACTIVE) - Details

See Assembly Version of this Bill:: A457
Current Committee:: Senate 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
2021-2022: S7387, A3063

2023-S317 (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.

2023-S317 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S317

SPONSOR: SALAZAR
 
TITLE OF BILL:

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 respondent
on probation as a penalty for violation of a support order; and to
repeal certain provisions of such law relating thereto

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 3 of section 454 of the family court act to
remove the court's ability to commit a respondent to jail or place the
respondent on probation for willful failure to obey any lawful order of
support.

Section 2 repeals sections 455 and 456 of the family court act.

Sections 3, 4 and 5 amend respectively subdivisions a and c of section
439 of the family court act to make conforming changes.

Section 6 provides the effective date.

 
JUSTIFICATION:

If a non-custodial parent is sentenced to jail due to nonpayment of
support, they may lose a job or be unable to seek employment, if they
are out of work. While it is important for both parents to emotionally
and financially support their child, jailing a parent has negative
consequences on both parent and child. The parent forgoes the child's
school and social events and the child misses the bonding relationship
to their incarcerated parent. The relationship is forever altered, some-
timespermanently damaged. People get sick or lose their jobs and thrown
in jail for not paying their child support obligations, then debts add
up while incarcerated and they are returned to jail so it can be a
never-ending cycle.

It is also a huge financial cost to localities and New York State to
house and feed these individuals in addition to taking money out of the
local economy if the person is working, and paying taxes.

New York State should refocus their efforts from sending parents to jail
to employment programs. In 2005, Texas instituted a new program,
"Noncustodial parent choices" that diverted parents from jail to employ-
ment training programs and the State has benefitted from a large
increase in support payments. According to the Texas Center for Public
Policy Priorities, the State collected $9 for every $1 spent.

 
PRIOR LEGISLATIVE HISTORY:

SENATE

2021: S7387 (Salazar)- Referred to Rules

2022: Referred to Judiciary

ASSEMBLY

2021-2022: A3063A (Epstein)- Referred to Judiciary

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Potential savings on the cost of incarceration.

 
EFFECTIVE DATE:
90 days after becoming law.

2023-S317 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    317
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. SALAZAR -- 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  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.

                                                            LBD00006-01-3
 S. 317                              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
 S. 317                              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.

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.