New York A 743: Requires a criminal court to release a defendant charged with certain offenses involving marihuana on his or her own recognizance upon ordering a case adjourned in contemplation of dismissal

Bill Text

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A00743 Summary:

BILL NOA00743 

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SAME ASNo Same As

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SPONSORHevesi

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COSPNSR

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MLTSPNSR

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Amd §§349-b & 158, Soc Serv L

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Directs the social services district to take no action to establish paternity or a child support order when the applicant or recipient for aid to dependent children has established good cause to refuse to cooperate.

Go to top A00743 Actions:

BILL NOA00743 

&nbsp

01/08/2025referred to social services

01/07/2026referred to social services

Go to topA00743 Committee&nbspVotes:

Go to topA00743 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00743 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 743

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. HEVESI -- read once and referred to the Committee
 on Social Services

 AN ACT to amend the social services law, in relation to waiving the
 requirement of establishing paternity or a child support order for
 certain applicants or recipients of aid to dependent children

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 349-b of the social services law is amended by
 2 adding a new subdivision 3 to read as follows:
 3 3. When the applicant or recipient has established good cause to
 4 refuse to cooperate, the social services district shall take no action
 5 to establish paternity or a child support order.
 6 § 2. Subdivision 6 of section 158 of the social services law, as
 7 amended by section 4 of part Z of chapter 57 of the laws of 2008, is
 8 amended to read as follows:
 9 6. In addition to other eligibility requirements, each person who is
 10 applying for or receiving assistance under this title, and who is other-
 11 wise eligible for assistance under this title, shall be required, as a
 12 further condition of eligibility for such assistance:
 13 (i) to assign to the state and the social services district any rights
 14 to support that accrue during the period that a family receives safety
 15 net assistance from any other person as such applicant or recipient may
 16 have either on their own behalf or on behalf of any other family member
 17 for whom the applicant or recipient is applying for or receiving assist-
 18 ance; [and]
 19 (ii) to cooperate with the state and the social services official, in
 20 accordance with standards established by regulations of the office of
 21 temporary and disability assistance consistent with federal law and
 22 regulations, in establishing the paternity of a child born out-of-wed-
 23 lock for whom assistance under this title is being applied for or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01351-01-5

 A. 743 2

 1 received, in their efforts to locate any absent parent and in obtaining
 2 support payments or any other payments or property due such person and
 3 due each child for whom assistance under this title is being applied for
 4 or received, except that an applicant or recipient shall not be required
 5 to cooperate in such efforts in cases in which the social services offi-
 6 cial has determined, in accordance with criteria, including the best
 7 interests of the child, as established by regulations of the office of
 8 temporary and disability assistance consistent with federal law and
 9 regulations, that such applicant or recipient has good cause to refuse
 10 to cooperate. Each social services district shall inform applicants for
 11 and recipients of safety net assistance required to cooperate with the
 12 state and local social services officials pursuant to the provisions of
 13 this paragraph, that where a proceeding to establish paternity has been
 14 filed, and the allegation of paternity has been denied by the respond-
 15 ent, there shall be a stay of all paternity proceedings and related
 16 social services district proceedings until sixty days after the birth of
 17 the child. Such applicants and recipients shall also be informed that
 18 public assistance and care shall not be denied during a stay on the
 19 basis of refusal to cooperate pursuant to the provisions of this para-
 20 graph[.];