Bill Text: NY A06362 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes family court judges to transfer certain child support arrears matters to the criminal courts; amends the jurisdiction of the criminal courts.

Spectrum: Moderate Partisan Bill (Democrat 22-7)

Status: (Introduced - Dead) 2012-01-06 - print number 6362a [A06362 Detail]

Download: New_York-2011-A06362-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6362
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2011
                                      ___________
       Introduced  by  M. of A. SIMOTAS, O'DONNELL -- read once and referred 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:
    1    Section 1. Subdivision 2 of section 454 of the  family  court  act  is
    2  amended by adding a new paragraph (i) to read as follows:
    3    (I)  THE  COURT MAY REFER THE PROCEEDING TO A CRIMINAL COURT OF COMPE-
    4  TENT JURISDICTION IF, (I) AN  ARREST  WARRANT  HAS  BEEN  ISSUED  FOR  A
    5  VIOLATION  OF  ANY  PROVISION OF THIS ACT RELATED TO CHILD SUPPORT OR OF
    6  SECTION 215.50, 215.51, 215.52, 260.05 OR 260.06 OF THE PENAL LAW,  (II)
    7  NO  ARREST  HAS BEEN MADE, (III) ONE YEAR HAS ELAPSED SINCE THE ISSUANCE
    8  OF SUCH ARREST WARRANT, AND (IV) THE SUPPORT ARREARS HAS NOT BEEN PAID.
    9    S 2. Subdivision 1 of section 10.20 of the criminal procedure  law  is
   10  amended to read as follows:
   11    1. Superior courts have trial jurisdiction of all offenses. They have:
   12    (a) Exclusive trial jurisdiction of felonies; and
   13    (b)  Trial  jurisdiction  of  misdemeanors concurrent with that of the
   14  local criminal courts; and
   15    (c) Trial jurisdiction of  petty  offenses,  but  only  when  such  an
   16  offense is charged in an indictment which also charges a crime; AND
   17    (D)  JURISDICTION OVER SUCH CHILD SUPPORT ENFORCEMENT MATTERS REFERRED
   18  TO THE LOCAL CRIMINAL COURT BY A FAMILY COURT JUDGE PURSUANT TO SUBDIVI-
   19  SION TWO OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
   20    S 3. Subdivision 1 of section 10.30 of the criminal procedure  law  is
   21  amended to read as follows:
   22    1.    Local  criminal  courts  have trial jurisdiction of all offenses
   23  other than felonies.  They have:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09154-02-1
       A. 6362                             2
    1    (a)  Exclusive trial jurisdiction of petty  offenses  except  for  the
    2  superior  court  jurisdiction  thereof  prescribed  in  paragraph (c) of
    3  subdivision one of section 10.20; [and]
    4    (b)    Trial  jurisdiction of misdemeanors concurrent with that of the
    5  superior courts but subject to divestiture thereof by the latter in  any
    6  particular case; AND
    7    (C)  JURISDICTION OVER SUCH CHILD SUPPORT ENFORCEMENT MATTERS REFERRED
    8  TO THE LOCAL CRIMINAL COURT BY A FAMILY COURT JUDGE PURSUANT TO SUBDIVI-
    9  SION TWO OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
   10    S 4. This act shall take effect immediately.