senate Bill S2292

Provides for crime of non-support of a child where a parent voluntarily reduces or terminates employment or fails to seek employment

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 15 / Jan / 2013
    • REFERRED TO CODES
  • 19 / Mar / 2013
    • 1ST REPORT CAL.257
  • 20 / Mar / 2013
    • 2ND REPORT CAL.
  • 21 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 22 / Apr / 2013
    • PASSED SENATE
  • 22 / Apr / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 29 / Apr / 2014
    • 1ST REPORT CAL.463
  • 30 / Apr / 2014
    • 2ND REPORT CAL.
  • 05 / May / 2014
    • ADVANCED TO THIRD READING
  • 12 / May / 2014
    • PASSED SENATE
  • 12 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 12 / May / 2014
    • REFERRED TO CODES

Summary

Provides for crime of non-support of a child where a parent voluntarily reduces or terminates employment or fails to seek employment to circumvent the order of child support.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A2328
Versions:
S2292
Legislative Cycle:
2013-2014
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง260.05 & 260.06, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S5104, A329
2009-2010: A7605, A7605

Sponsor Memo

BILL NUMBER:S2292 REVISED 4/24/14

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 or
she voluntarily terminates his or her employment, voluntarily reduces
his or her earning capacity or fails to diligently seek employment.

Section Two - amends paragraph (b) of subdivision 1 of section 260.06
of the penal law, as added by chapter 70 of the laws of 2008,
non-support of a child in the first degree, by making it a crime for a
person obligated to make child support payments for a child less than
eighteen years old by a child support order entered by a court or
agency 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 or she voluntarily
terminates his or her employment, voluntarily reduces his or her
earning capacity or fails to diligently seek employment.

Section Three - this act shall take effect on the first of November
following the date on which it shall become law.

JUSTIFICATION: Under current law, a person obligated to pay child
support by a child support order is guilty of the misdemeanor offense
of non-support of a child when he or she purposely terminates his or
her employment, reduces his or her earnings or fails to diligently
seek to be employed. However, the purposeful termination of
employment, reduction of earnings or failure to diligently seek to be
employed is currently not a basis for the felony offense of nonsupport
of a child in the first degree. This bill will make clear that a
person obligated to pay child support by a child support order is
guilty of non-support in the first degree when he or she purposely
terminates his or her employment, reduces his or her earnings or fails
to diligently seek to be employed, and he or she has been previously
convicted in the preceding five years of the misdemeanor offense of
nonsupport of a child.


With this change, we will provide consistency in the law so that the
purposeful termination of employment, reduction of earnings or failure
to diligently seek to be employed may serve as the basis for both the
felony offense of non-support of a child in the first degree as well
as the misdemeanor offense of non-support of a child in the second
degree. Persons who are legally obligated to provide child support
should not be permitted to escape criminal prosecution where they have
deliberately taken action to avoid paying child support.

We will also provide consistency in the law by providing that a child
support order may be entered in either a court of competent
jurisdiction or an agency of competent jurisdiction since child
support orders can and are obtained in either venue.

LEGISLATIVE HISTORY: 05/03/11 - S.5104 Referred to Codes/ 01/05/11 -
A.329 Referred to Codes 01/04/12 - S.5104 Passed Senate/ 01/04/12 -
A.329 Referred to Codes 04/22/13 - S.2292 Passed Senate/ 01/14/13 -
A.2328 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November
following the date on which it shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2292

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 15, 2013
                               ___________

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.
                                                           LBD03205-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.