New York A 457: Relates to eliminating the ability of a court to commit a respondent to jail or place a respondent on probation as a penalty for violation of a support order; repealer

Bill Text

STATE OF NEW YORK
________________________________________________________________________
457
2023-2024 Regular Sessions
IN ASSEMBLY
January 9, 2023
___________
Introduced by M. of A. EPSTEIN, SEAWRIGHT, GONZALEZ-ROJAS, SIMON -- read
once and referred to the Committee on Judiciary
AN ACT to amend the family court act, in relation to eliminating the
ability of a court to commit a respondent to jail or place a respond-
ent on probation as a penalty for violation of a support order; and to
repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision 3 of section 454 of the family court act, as
2 amended by chapter 892 of the laws of 1986, paragraph (b) as added and
3 paragraph (c) as relettered by chapter 699 of the laws of 1996, is
4 amended to read as follows:
5 3. Upon a finding by the court that a respondent has willfully failed
6 to obey any lawful order of support, the court shall order respondent to
7 pay counsel fees to the attorney representing petitioner pursuant to
8 section four hundred thirty-eight of this act and may in addition to or
9 in lieu of any or all of the powers conferred in subdivision two of this
10 section or any other section of law[:
11 (a) commit the respondent to jail for a term not to exceed six months.
12 For purposes of this subdivision, failure to pay support, as ordered,
13 shall constitute prima facie evidence of a willful violation. Such
14 commitment may be served upon certain specified days or parts of days as
15 the court may direct, and the court may, at any time within the term of
16 such sentence, revoke such suspension and commit the respondent for the
17 remainder of the original sentence, or suspend the remainder of such
18 sentence. Such commitment does not prevent the court from subsequently
19 committing the respondent for failure thereafter to comply with any such
20 order; or
21 ] require the respondent to participate in a rehabilitative(b) ,
22 program if the court determines that such participation would assist the
23 respondent in complying with such order of support and access to such a
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD00006-01-3

A. 457 2
1 program is available. Such rehabilitative programs shall include, but
2 not be limited to, work preparation and skill programs, non-residential
3 alcohol and substance abuse programs and educational programs[; or
4 (c) place the respondent on probation under such conditions as the
5 court may determine and in accordance with the provisions of the crimi-
6 ].nal procedure law
7 § 2. Sections 455 and 456 of the family court act are REPEALED.
8 § 3. Subdivision (a) of section 439 of the family court act, as
9 amended by section 21 of part L of chapter 56 of the laws of 2020, is
10 amended to read as follows:
11 (a) The chief administrator of the courts shall provide, in accordance
12 with subdivision (f) of this section, for the appointment of a suffi-
13 cient number of support magistrates to hear and determine support
14 proceedings. Except as hereinafter provided, support magistrates shall
15 be empowered to hear, determine and grant any relief within the powers
16 of the court in any proceeding under this article, articles five,
17 five-A, five-B and five-C and sections two hundred thirty-four and two
18 hundred thirty-five of this act, and objections raised pursuant to
19 section five thousand two hundred forty-one of the civil practice law
20 and rules. Support magistrates shall not be empowered to hear, determine
21 and grant any relief with respect to [issues specified in section four
22 ] issues of contested parentagehundred fifty-five of this article,
23 involving claims of equitable estoppel, custody, visitation including
24 visitation as a defense, determinations of parentage made pursuant to
25 section 581-407 of this act, and orders of protection or exclusive
26 possession of the home, which shall be referred to a judge as provided
27 in subdivision (b) or (c) of this section. Where an order of filiation
28 is issued by a judge in a paternity proceeding and child support is in
29 issue, the judge, or support magistrate upon referral from the judge,
30 shall be authorized to immediately make a temporary or final order of
31 support, as applicable. A support magistrate shall have the authority to
32 hear and decide motions and issue summonses and subpoenas to produce
33 persons pursuant to section one hundred fifty-three of this act, hear
34 and decide proceedings and issue any order authorized by subdivision (g)
35 of section five thousand two hundred forty-one of the civil practice law
36 and rules, issue subpoenas to produce prisoners pursuant to section two
37 thousand three hundred two of the civil practice law and rules and make
38 a determination that any person before the support magistrate is in
39 violation of an or