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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6362--A
                              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, BENEDETTO, P. RIVERA, ZEBROW-
         SKI,  MAISEL, SCARBOROUGH, GABRYSZAK, REILLY, GALEF, ROBERTS, BRONSON,
         GUNTHER, WEPRIN, HOOPER -- Multi-Sponsored by  --  M.  of  A.  ABBATE,
         COLTON,  CROUCH,  GIBSON, JORDAN, LOSQUADRO, MARKEY, McENENY, McLAUGH-
         LIN, MONTESANO, TITONE -- read once and referred to the  Committee  on
         Judiciary  --  recommitted to the Committee on Judiciary in accordance
         with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
         ordered reprinted as amended and recommitted to said committee
       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 (j) to read as follows:
    3    (J) 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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09154-04-1
       A. 6362--A                          2
    1    S  3.  Subdivision 1 of section 10.30 of the criminal procedure law is
    2  amended to read as follows:
    3    1.    Local  criminal  courts  have trial jurisdiction of all offenses
    4  other than felonies.  They have:
    5    (a)  Exclusive trial jurisdiction of petty  offenses  except  for  the
    6  superior  court  jurisdiction  thereof  prescribed  in  paragraph (c) of
    7  subdivision one of section 10.20; [and]
    8    (b)  Trial jurisdiction of misdemeanors concurrent with  that  of  the
    9  superior  courts but subject to divestiture thereof by the latter in any
   10  particular case; AND
   11    (C) JURISDICTION OVER SUCH CHILD SUPPORT ENFORCEMENT MATTERS  REFERRED
   12  TO THE LOCAL CRIMINAL COURT BY A FAMILY COURT JUDGE PURSUANT TO SUBDIVI-
   13  SION TWO OF SECTION FOUR HUNDRED FIFTY-FOUR OF THE FAMILY COURT ACT.
   14    S 4. This act shall take effect immediately.