New York State Law

Family Court Law

Consolidated Laws of NY's FCA code

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Part 8 - Article 5B - Family Court

INTERSTATE RENDITION

Section Description
580-801 Grounds for rendition.
580-802 Conditions of rendition.
  S 580-801. Grounds  for  rendition.  (a)  For purposes of this part,
  "governor" includes an individual performing the functions  of  governor
  or the executive authority of a state covered by this article.
    (b) The governor of this state may:
    (1)  demand that the governor of another state surrender an individual
  found in the other state who is charged criminally in  this  state  with
  having failed to provide for the support of an obligee; or
    (2)  on  the  demand  of  the  governor of another state, surrender an
  individual found in this state who is charged criminally  in  the  other
  state with having failed to provide for the support of an obligee.
    (c)  A  provision for extradition of individuals not inconsistent with
  this article  applies  to  the  demand  even  if  the  individual  whose
  surrender  is demanded was not in the demanding state when the crime was
  allegedly committed and has not fled therefrom.

  S 580-802. Conditions  of rendition. (a) Before making a demand that
  the governor of another state surrender an individual charged criminally
  in this state with having failed  to  provide  for  the  support  of  an
  obligee,  the  governor  of  this state may require a prosecutor of this
  state to demonstrate that at least sixty days previously the obligee had
  initiated proceedings for support pursuant to this article or  that  the
  proceeding would be of no avail.
    (b)  If,  under  this  article  or a law substantially similar to this
  article, the governor of another state makes a demand that the  governor
  of  this  state surrender an individual charged criminally in that state
  with having failed to provide for  the  support  of  a  child  or  other
  individual to whom a duty of support is owed, the governor may require a
  prosecutor to investigate the demand and report whether a proceeding for
  support  has  been initiated or would be effective. If it appears that a
  proceeding would be effective but has not been initiated,  the  governor
  may  delay  honoring  the  demand  for  a  reasonable time to permit the
  initiation of a proceeding.
    (c) If a proceeding for support has been initiated and the  individual
  whose  rendition is demanded prevails, the governor may decline to honor
  the  demand.  If  the  petitioner  prevails  and  the  individual  whose
  rendition  is  demanded  is subject to a support order, the governor may
  decline to honor the demand if the  individual  is  complying  with  the
  support order.

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