Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 20, 2012 |
referred to codes delivered to assembly passed senate ordered to third reading cal.1377 committee discharged and committed to rules |
Jan 04, 2012 |
referred to codes |
May 03, 2011 |
referred to codes |
Senate Bill S5104
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) 15th Senate District
(R, C) 60th Senate District
2011-S5104 (ACTIVE) - Details
2011-S5104 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5104 TITLE OF BILL: An act to amend the penal law, in relation to non-support of a child where parent voluntarily reduces or terminates employment PURPOSE: To amend the penal law to provide for criminal penalties for the knowing failure to pay child support by a person obligated to make child support payments by a child support order entered by a court or agency of competent jurisdiction when he or she is able to do so or becomes unable to do so when he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity or fails to diligently seek employment. SUMMARY OF PROVISIONS: Section one amends subdivision 2 of section 260.05 of the penal law, as added by chapter 70 of the laws of 2008, nonsupport of a child in the second degree, to include agency of competent jurisdiction so that it is a misdemeanor for a person obligated to make child support payments by an order of child support entered by either a court of competent jurisdiction or an agency of competent jurisdiction for a child less than eighteen years old to knowingly fail to payor refuse without lawful excuse to provide support for such child when he or she is able to, or becomes unable to pay, when, though employable, he
2011-S5104 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5104 2011-2012 Regular Sessions I N S E N A T E May 3, 2011 ___________ Introduced by Sen. BALL -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to non-support of a child where parent voluntarily reduces or terminates employment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 260.05 of the penal law, as added by chapter 70 of the laws of 2008, is amended to read as follows: 2. being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court OR AGENCY of competent jurisdiction for a child less than eighteen years old, he or she knowingly fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, or becomes unable to do so, when, though employable, he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity, or fails to diligently seek employment. S 2. Paragraph (b) of subdivision 1 of section 260.06 of the penal law, as added by chapter 70 of the laws of 2008, is amended to read as follows: (b) being a parent, guardian or other person obligated to make child support payments by an order of child support entered by a court OR AGENCY of competent jurisdiction for a child less than eighteen years old, he or she KNOWINGLY fails or refuses without lawful excuse to provide support for such child when he or she is able to do so, OR BECOMES UNABLE TO DO SO, WHEN, THOUGH EMPLOYABLE, HE OR SHE VOLUNTARILY TERMINATES HIS OR HER EMPLOYMENT, VOLUNTARILY REDUCES HIS OR HER EARNING CAPACITY OR FAILS TO DILIGENTLY SEEK EMPLOYMENT; and S 3. This act shall take effect on the first of November next succeed- ing 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. LBD02280-01-1
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