Bill Text: NY A01497 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 1497 (Prior Session Legislation)

Introduced

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 4-0)

Status: (Introduced - Dead) 2018-05-31 - held for consideration in judiciary [A01497 Detail]

Download: New_York-2017-A01497-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1497
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        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    § 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.
                                                                   LBD04324-01-7