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A3803Assembly2009-2010 Session

Creates a criminal offense for the violation of a support order in certain situations

Sponsor Sandy GalefAD-90Affects Legal
Status
In Assembly Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Sponsors

Primary sponsor
Sandy Galef

Assembly Member · Assembly District 90

No co-sponsors yet.

History

  1. Print number 3803a
  2. Amend (t) and recommit to judiciary
  3. Referred to judiciary
  4. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A3803A

Title of bill

An act to amend the social services law and the penal law, in relation to making it a criminal offense to violate a support order in certain situations

Purpose or general idea of bill

This legislation creates a criminal offense for the violation of a support order in certain situations.

Summary of specific provisions

Section 111-b of the Social Services Law is amended by adding a new subdivision 15-a, which determines that when a support obligor, under court order to pay child support to a collection unit, accumulates arrears of at least four months, the Office of Temporary and Disability Assistance shall notify the District Attor- ney in the county where the court order was entered of the obligor's failure to fully pay arrears. It also states that upon such notifica- tion, the D.A. is authorized to make an action against the obligor pursuant to 260.36 and 260.38 of the Penal law.

Sections 260.36, violating a support order in the second degree, and Section 260.38, violating a support order in the first degree are added to the Penal Law through the legislation.

Justification

Far too often parents fail to pay the proper child support as directed and ordered by the Courts of New York State. Frequently, delinquent parents live in nearby states where Family Court warrants are not enforced. By providing a vehicle to permit criminal warrants to be issued in appropriate proceedings, delinquent parents will no longer be able to avoid the courts of this state when seeking to enforce child support.

Civil judgments and civil enforcement measures are sometimes too limited and the need for criminal sanctions is warranted.

Prior legislative history

Similar to A. 11320 and S. 7878 of 2007/2008

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.