What's happening
This bill mandates a minimum 60-day jail sentence for individuals found in willful violation of a support order at least three times.
Why it matters
Increases the consequences for repeated non-payment of child or spousal support. by establishing a mandatory minimum jail sentence, making it much harder for habitual violators to avoid incarceration through judicial discretion or suspended sentences.
Aims to deter chronic non-compliance with support orders. by signaling that repeated willful violations will be met with guaranteed jail time, potentially motivating more consistent payment by those with a history of ignoring court orders.
May have significant impacts on families and dependents. while increased enforcement could result in more reliable support payments, it could also result in non-payers being incarcerated, which might affect their long-term earning capacity and relationships with their children.
Limits judicial flexibility after three violations. , meaning judges must impose at least 60 days of jail time regardless of mitigating circumstances, potentially leading to uniform but less individualized justice in support enforcement cases.
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Who cares
Headline styles
Jail Repeat Support Violators
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Held for consideration in judiciary
- Referred to judiciary
- Held for consideration in judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1497
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
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 mandatory 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 Assembly, do enact as follows:
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, is amended to read as follows:
(a) commit the respondent to jail for a term not to exceed six months. For purposes of this subdivision, failure to pay support, as ordered, shall constitute prima facie evidence of a willful violation. Such commitment may be served upon certain specified days or parts of days as the court may direct, and the court may, at any time within the term of such sentence, revoke such suspension and commit the respondent for the remainder of the original sentence, or suspend the remainder of such sentence. Such commitment does not prevent the court from subsequently committing the respondent for failure thereafter to comply with any such order. 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; or
§ 2. This act shall take effect on the first of November next succeeding 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.
LBD04324-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.