senate Bill S2945

2011-2012 Legislative Session

Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 29, 2012 referred to codes
delivered to assembly
passed senate
Mar 22, 2012 advanced to third reading
Mar 21, 2012 2nd report cal.
Mar 20, 2012 1st report cal.419
Jan 04, 2012 referred to codes
returned to senate
died in assembly
Jun 15, 2011 referred to codes
delivered to assembly
passed senate
Jun 01, 2011 advanced to third reading
May 25, 2011 2nd report cal.
May 24, 2011 1st report cal.803
Feb 03, 2011 referred to codes

Votes

view votes

Mar 20, 2012 - Codes committee Vote

S2945
15
1
committee
15
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

May 24, 2011 - Codes committee Vote

S2945
15
0
committee
15
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2945 - Details

Law Section:
Penal Law
Laws Affected:
Amd ยงยง260.05 & 260.06, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S7004

S2945 - Summary

Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.

S2945 - Sponsor Memo

S2945 - Bill Text download pdf

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

                                  2945

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 3, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- 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

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 260.05 of the penal law, as amended by chapter 397
of the laws of 1997, the opening paragraph and subdivision 1 as  amended
and subdivision 2 as added by chapter 70 of the laws of 2008, is amended
to read as follows:
S 260.05 Non-support of a child in the second degree.
  A person is guilty of non-support of a child when:
  1.  being  a parent, guardian or other person legally charged with the
care or custody of a child less than sixteen years old, he or she  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]; or
  2. being a parent, guardian or other person obligated  to  make  child
support  payments  by  an  order  of child support entered by a court 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].
  IN ANY PROSECUTION UNDER THIS SECTION, IT IS  AN  AFFIRMATIVE  DEFENSE
THAT THE DEFENDANT IS UNABLE TO PROVIDE SUPPORT FOR THE CHILD.  PROVIDED
THAT  NOTHING  IN  THIS PARAGRAPH SHALL CONSTITUTE A DEFENSE TO A PROSE-
CUTION FOR OR PRECLUDE CONVICTION OF THE OFFENSE DEFINED IN THIS SECTION
WHERE THE DEFENDANT BECOMES  UNABLE  TO  PROVIDE  SUPPORT  WHEN,  THOUGH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04788-01-1

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.