STATE OF NEW YORK
________________________________________________________________________
867--A
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
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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.