A01370 Summary:

BILL NO    A01370 

SAME AS    No same as 

SPONSOR    Crouch (MS)

COSPNSR    Finch, Oaks, Raia, Hawley, Blankenbush

MLTSPNSR   Barclay, Corwin

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.
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A01370 Actions:

BILL NO    A01370 

01/12/2015 referred to judiciary
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A01370 Votes:

There are no votes for this bill in this legislative session.
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A01370 Memo:

BILL NUMBER:A1370

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.

JUSTIFICATION:

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.

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect on the first day of November next
succeeding the date on which it shall have become law.
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A01370 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1370

                              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.
                                                                  LBD05161-01-5
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