What's happening
This bill allows family courts to refer certain long-unresolved child support enforcement cases to criminal courts for prosecution.
Why it matters
Creates a legal pathway for long-standing child support cases to move from family court to criminal court. when civil remedies (like arrest warrants) have failed for over a year, escalating the consequences for persistent nonpayment.
May increase accountability for delinquent parents. by bringing the threat of criminal prosecution into play after civil enforcement has stalled, potentially deterring willful nonpayment.
Could impact both custodial and noncustodial parents. custodial parents might see improved enforcement and more consistent support, while nonpaying parents could face criminal records and related penalties if they continue to evade child support orders.
Shifts some child support cases into the criminal justice system,. which could have broader social and legal consequences, such as increasing criminal court caseloads and raising questions about criminalizing poverty or inability to pay.
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Who cares
Headline styles
Let Criminal Courts Handle Arrears
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Move Child Support Cases
In Assembly Committee · Judiciary · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3300
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. GIANARIS, KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the family court act and the criminal procedure law, in relation to parental failure to pay child support
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 2 of section 454 of the family court act is amended by adding a new paragraph (j) to read as follows:
(j) the court may refer the proceeding to a criminal court of competent jurisdiction if, (i) an arrest warrant has been issued for a violation of any provision of this act related to child support or of section 215.50, 215.51, 215.52, 260.05 or 260.06 of the penal law, (ii) no arrest has been made, (iii) one year has elapsed since the issuance of such arrest warrant, and (iv) the support arrears has not been paid.
§ 2. Subdivision 1 of section 10.20 of the criminal procedure law is amended to read as follows:
1. Superior courts have trial jurisdiction of all offenses. They have:
(a) Exclusive trial jurisdiction of felonies; and
(b) Trial jurisdiction of misdemeanors concurrent with that of the local criminal courts; and
(c) Trial jurisdiction of petty offenses, but only when such an offense is charged in an indictment which also charges a crime; and
(d) Jurisdiction over such child support enforcement matters referred to the local criminal court by a family court judge pursuant to subdivision two of section four hundred fifty-four of the family court act.
§ 3. Subdivision 1 of section 10.30 of the criminal procedure law is amended to read as follows:
1. Local criminal courts have trial jurisdiction of all offenses other than felonies. They have:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04144-01-7
S. 3300 2
(a) Exclusive trial jurisdiction of petty offenses except for the superior court jurisdiction thereof prescribed in paragraph (c) of subdivision one of section 10.20; [and]
(b) Trial jurisdiction of misdemeanors concurrent with that of the superior courts but subject to divestiture thereof by the latter in any particular case; and
(c) Jurisdiction over such child support enforcement matters referred to the local criminal court by a family court judge pursuant to subdivision two of section four hundred fifty-four of the family court act.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the family court act and the criminal procedure law, in relation to parental failure to pay child support
Purpose or general idea of bill
To enable family court to refer child support arrears to criminal courts when arrest warrants have been issued.
Summary of specific provisions
1. Adds a new paragraph (j) to subdivision 2 of section 454 of the Family Court Act to give a court jurisdiction providing to refer a case to criminal court if an arrest warrant has been issued but no arrest was made, one year has passed since the warrant was issued and the arrears have not been paid.
2. Amends subdivision 1 of section 10.20 of the Criminal Procedural Law to give this jurisdiction to superior courts.
3. Amends subdivision 1 of section 10.30 of the Criminal Procedural Law to give this jurisdiction to lower courts.
Justification
This bill enhances family court's ability to enforce violations of nonsupport of a child, which under current law is a misdemeanor or a felony based on the degree of the infraction. In cases in which an arrest warrant has been issued for non-support of a child or for contempt of a child support court order, one year has passed since the warrant was issued, and child support arrears have not been paid, family court will be given the jurisdiction to refer the case to criminal court for prosecution. By strengthening the law's ability to hold delinquent parents accountable for non-support, this bill will protect children and families who rely on child support for their livelihood and well-being.
Prior legislative history
2016: Died in Judiciary 2015: Died in Judiciary 2014: Senate Bill 618 (Gianaris) - Died in Senate Judiciary Committee 2012: Senate Bill 4214-A (Gianaris) - Died in Senate Judiciary Committee
Fiscal implications
To be determined.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.