BILL NO A01370
SAME AS No same as
SPONSOR Crouch (MS)
COSPNSR Finch, Oaks, Raia, Hawley, Blankenbush
Amd S454, Fam Ct Act
Institutes mandatory jail time of a minimum of sixty days if a person is found
to have been in willful violation of a support order at least three times.
TITLE OF BILL:
An act to amend the family court act, in relation to instituting
mandatory jail time if a person is found to have been in willful
violation of a support order at least three times
PURPOSE OR GENERAL IDEA OF BILL:
To prevent a negligent parent from willfully failing to comply with a
support order on a regular basis.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Paragraph (a) of subdivision 3 of section 454 of the family
court act, as amended by chapter 892 of the laws of 1986. (a) commit
the respondent to jail for a term not to exceed six months.
A minimum of sixty days jail time shall be mandatory if the violator
has been found to be in willful violation by the court on at least
three occasions. Every time thereafter that the court finds the
violator to be in willful violation he or she shall be sentenced to a
minimum of sixty days jail time.
There are far too many repeated cases where a parent willfully
violates a support order. Often one may observe a pattern of an
individual making a single support payment just prior to the scheduled
court appearance in an effort to gain credibility. The individual is
then removed from the charges brought against him/her with a reminder
to make the support payments to the former spouse in a timely manner.
In many cases, the negligent parent fails to make additional payments
afterward, creating a cyclical pattern of behavior with routine court
visitations. In the interest of ensuring that the order is obeyed and
in an effort to avoid frequent burdensome visits to family court, a
deterrent of mandatory jail time must be put in place.
PRIOR LEGISLATIVE HISTORY:
None to the State.
This act shall take effect on the first day of November next
succeeding the date on which it shall have become law.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
Introduced by M. of A. CROUCH, FINCH, OAKS, RAIA -- read once and
referred to the Committee on Judiciary
AN ACT to amend the family court act, in relation to instituting manda-
tory jail time if a person is found to have been in willful violation
of a support order at least three times
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 3 of section 454 of the family
2 court act, as amended by chapter 892 of the laws of 1986, is amended to
3 read as follows:
4 (a) commit the respondent to jail for a term not to exceed six months.
5 For purposes of this subdivision, failure to pay support, as ordered,
6 shall constitute prima facie evidence of a willful violation. Such
7 commitment may be served upon certain specified days or parts of days as
8 the court may direct, and the court may, at any time within the term of
9 such sentence, revoke such suspension and commit the respondent for the
10 remainder of the original sentence, or suspend the remainder of such
11 sentence. Such commitment does not prevent the court from subsequently
12 committing the respondent for failure thereafter to comply with any such
13 order. A MINIMUM OF SIXTY DAYS JAIL TIME SHALL BE MANDATORY IF THE
14 VIOLATOR HAS BEEN FOUND TO BE IN WILLFUL VIOLATION BY THE COURT ON AT
15 LEAST THREE OCCASIONS. EVERY TIME THEREAFTER THAT THE COURT FINDS THE
16 VIOLATOR TO BE IN WILLFUL VIOLATION HE OR SHE SHALL BE SENTENCED TO A
17 MINIMUM OF SIXTY DAYS JAIL TIME; or
18 S 2. This act shall take effect on the first of November next succeed-
19 ing the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.