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.
STATE OF NEW YORK
________________________________________________________________________
1365
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
___________
Introduced by M. of A. CROUCH, FINCH, 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 § 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.
LBD02891-01-9
