Bill Text: NY A01370 | 2015-2016 | General Assembly | Introduced

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Bill Title: Institutes mandatory jail time of a minimum of sixty days if a person is found to have been in willful violation of a support order at least three times.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2016-05-17 - held for consideration in judiciary [A01370 Detail]

Download: New_York-2015-A01370-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1370
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  CROUCH,  FINCH,  OAKS, RAIA -- read once and
         referred to the Committee on Judiciary
       AN ACT to amend the family court act, in relation to instituting  manda-
         tory  jail time if a person is found to have been in willful violation
         of a support order at least three times
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (a) of subdivision 3 of section 454 of the family
    2  court  act, as amended by chapter 892 of the laws of 1986, is amended to
    3  read as follows:
    4    (a) commit the respondent to jail for a term not to exceed six months.
    5  For purposes of this subdivision, failure to pay  support,  as  ordered,
    6  shall  constitute  prima  facie  evidence  of  a willful violation. Such
    7  commitment may be served upon certain specified days or parts of days as
    8  the court may direct, and the court may, at any time within the term  of
    9  such  sentence, revoke such suspension and commit the respondent for the
   10  remainder of the original sentence, or suspend  the  remainder  of  such
   11  sentence.  Such  commitment does not prevent the court from subsequently
   12  committing the respondent for failure thereafter to comply with any such
   13  order. A MINIMUM OF SIXTY DAYS JAIL  TIME  SHALL  BE  MANDATORY  IF  THE
   14  VIOLATOR  HAS  BEEN  FOUND TO BE IN WILLFUL VIOLATION BY THE COURT ON AT
   15  LEAST THREE OCCASIONS. EVERY TIME THEREAFTER THAT THE  COURT  FINDS  THE
   16  VIOLATOR  TO  BE  IN WILLFUL VIOLATION HE OR SHE SHALL BE SENTENCED TO A
   17  MINIMUM OF SIXTY DAYS JAIL TIME; or
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05161-01-5