Bill Text: NY A00867 | 2019-2020 | General Assembly | Amended


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 10-3)

Status: (Introduced) 2019-04-22 - print number 867a [A00867 Detail]

Download: New_York-2019-A00867-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         867--A
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, O'DONNELL, BENEDETTO, ZEBROWSKI, GALEF,
          BRONSON, GUNTHER, WEPRIN, MALLIOTAKIS -- Multi-Sponsored by --  M.  of
          A.  ABBATE, COLTON, CROUCH, MONTESANO -- read once and referred to the
          Committee on Judiciary -- 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 shall consider referring the proceeding  to  a  criminal
     4  court  of  competent  jurisdiction  if,  (i)  an arrest warrant has been
     5  issued for a violation of any provision of this  act  related  to  child
     6  support  or  of  section 215.50, 215.51, 215.52, 260.05 or 260.06 of the
     7  penal law, (ii) no arrest has been made, and (iii) the  support  arrears
     8  has not been paid.
     9    §  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    §  3.  Subdivision 1 of section 10.30 of the criminal procedure law is
    21  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01491-02-9

        A. 867--A                           2
     1    1.   Local criminal courts have trial  jurisdiction  of  all  offenses
     2  other than felonies.  They have:
     3    (a)    Exclusive  trial  jurisdiction of petty offenses except for the
     4  superior court jurisdiction  thereof  prescribed  in  paragraph  (c)  of
     5  subdivision one of section 10.20 of this article; [and]
     6    (b)    Trial  jurisdiction of misdemeanors concurrent with that of the
     7  superior courts but subject to divestiture thereof by the latter in  any
     8  particular case; and
     9    (c)  Jurisdiction over such child support enforcement matters referred
    10  to the local criminal court by a family court judge pursuant to subdivi-
    11  sion two of section four hundred fifty-four of the family court act.
    12    § 4. This act shall take effect immediately.
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