Bill Text: NY S06707 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to sanctions for willful failure to comply with court orders for child support.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-03-03 - REFERRED TO JUDICIARY [S06707 Detail]

Download: New_York-2013-S06707-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6707
                                   I N  S E N A T E
                                     March 3, 2014
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO  -- (at request of the Office of Court
         Administration) -- read twice and ordered printed, and when printed to
         be committed to the Committee on Judiciary
       AN ACT to amend the family court act, in relation to sanctions for will-
         ful failure to comply with court orders for child support
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (c) of subdivision 3 of section 454 of the family
    2  court  act,  as amended by chapter 892 of the laws of 1986 and as relet-
    3  tered by chapter 699 of the laws of 1996, is amended and a new paragraph
    4  (d) is added to read as follows:
    5    (c) place the respondent on probation [under] PURSUANT TO SECTION FOUR
    6  HUNDRED FIFTY-SIX OF THIS PART UPON such conditions  as  the  court  may
    7  determine  and  in accordance with the provisions of the criminal proce-
    8  dure law[.]; OR
    9    (D) COMBINE A SENTENCE OR A SUSPENDED SENTENCE OF INCARCERATION PURSU-
   10  ANT TO PARAGRAPH (A) OF THIS SUBDIVISION WITH  A  REQUIREMENT  THAT  THE
   11  RESPONDENT  PARTICIPATE  IN  A  REHABILITATIVE  PROGRAM  OR BE PLACED ON
   12  PROBATION PURSUANT TO PARAGRAPH (B) OR (C) OF THIS SUBDIVISION,  RESPEC-
   13  TIVELY.
   14    S  2.  Section 456 of the family court act, subdivision (a) as amended
   15  by chapter 809 of the laws of 1963, is amended to read as follows:
   16    S 456. Probation. (a) No person may be placed on probation under  this
   17  article  unless  the  court makes an order to that effect, either at the
   18  time of the making of an order of support or under section four  hundred
   19  fifty-four  OF THIS PART.  THE ORDER OF PROBATION MY CONTAIN SUCH CONDI-
   20  TIONS AS THE COURT MAY DETERMINE. The MAXIMUM period  of  probation  may
   21  [continue  so  long as an order of support, order of protection or order
   22  of visitation applies to such person] NOT BE GREATER THAN TWO YEARS  OR,
   23  WHERE THE COURT FINDS THAT AGGRAVATING CIRCUMSTANCES EXIST, A PERIOD NOT
   24  GREATER  THAN  FIVE  YEARS. IF THE COURT FINDS, AT THE CONCLUSION OF THE
   25  ORIGINAL PERIOD, UPON NOTICE AND AN OPPORTUNITY TO BE HEARD, THAT EXCEP-
   26  TIONAL CIRCUMSTANCES REQUIRE AN ADDITIONAL YEAR OF PROBATION, THE  COURT
   27  MAY  CONTINUE  PROBATION  FOR  A  PERIOD  NOT GREATER THAN ONE YEAR. FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13807-01-4
       S. 6707                             2
    1  PURPOSES OF THIS SECTION, "AGGRAVATING CIRCUMSTANCES" SHALL INCLUDE, BUT
    2  NOT BE LIMITED TO: (I) A PRIOR WILLFUL  VIOLATION  OF  A  CHILD  SUPPORT
    3  ORDER  OR OF A PRIOR ORDER OF PROBATION IN CONJUNCTION WITH A PROCEEDING
    4  UNDER THIS ARTICLE; (II) A PRIOR INCIDENT OR INCIDENTS OF THE RESPONDENT
    5  CONCEALING  HIS  OR  HER  WHEREABOUTS  AND  BEING PRODUCED INVOLUNTARILY
    6  PURSUANT TO THE ISSUANCE OF A WARRANT; OR (III) ACTIONS BY THE  RESPOND-
    7  ENT OR A LEVEL OF ARREARAGES SO HIGH THAT A LONGER PERIOD OF SUPERVISION
    8  IS NECESSARY TO ENSURE LONG TERM CONTINUING COMPLIANCE WITH THE ORDER OF
    9  SUPPORT.
   10    (b)  [The]  IF THE court [may at any time, where circumstances warrant
   11  it, revoke an order of] FINDS, AFTER A HEARING, THAT  A  PARTY  WHO  HAS
   12  BEEN  PLACED  ON probation[. Upon such revocation, the probationer shall
   13  be brought to court, which may, without further hearing,] IN  ACCORDANCE
   14  WITH  THIS  SECTION,  HAS  WILLFULLY  VIOLATED  ANY TERM OR CONDITION OF
   15  PROBATION, THE COURT, AFTER GIVING NOTICE AND AN OPPORTUNITY TO BE HEARD
   16  TO THE PARTIES AND THE ATTORNEY FOR THE CHILD, IF ANY, MAY  REVOKE  SUCH
   17  ORDER  OF PROBATION AND MAY make any order [that might have been made at
   18  the time the order of probation was made]  AUTHORIZED  BY  SECTION  FOUR
   19  HUNDRED  FIFTY-FOUR  OF  THIS PART. NO SUCH FINDING MAY BE MADE UNLESS A
   20  VERIFIED PETITION SUBSCRIBED TO BY THE PROBATION SERVICE OR  THE  APPRO-
   21  PRIATE  GOVERNMENT  AGENCY  HAS  BEEN  FILED  AND  DULY  SERVED UPON THE
   22  PARTIES.  THE PETITION MUST STIPULATE THE CONDITION OR CONDITIONS OF THE
   23  ORDER VIOLATED AND A REASONABLE DESCRIPTION  OF  THE  TIME,  PLACE,  AND
   24  MANNER IN WHICH THE VIOLATION OCCURRED. NON-HEARSAY ALLEGATIONS OR ALLE-
   25  GATIONS  MADE  UPON  INFORMATION  AND  BELIEF OF THE FACTUAL PART OF THE
   26  PETITION OR OF ANY SUPPORTING DEPOSITION MUST ESTABLISH, IF TRUE,  EVERY
   27  VIOLATION  CHARGED. THE PERIOD OF PROBATION SHALL BE DEEMED TOLLED AS OF
   28  THE DATE OF FILING OF THE PROBATION  VIOLATION  PETITION,  BUT,  IN  THE
   29  EVENT THAT THE COURT DOES NOT FIND THAT THE ORDER OF PROBATION WAS WILL-
   30  FULLY VIOLATED, THE PERIOD OF SUCH INTERRUPTION SHALL BE CREDITED TO THE
   31  PERIOD OF PROBATION.
   32    S 3. This act shall take effect immediately.