Bill Text: NY S02485 | 2015-2016 | 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: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S02485 Detail]

Download: New_York-2015-S02485-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2485
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2015
                                      ___________
       Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed,
         and when printed to be committed 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 (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.
   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.
                                                                  LBD07329-01-5
       S. 2485                             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.