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 - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S2945 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd ยงยง260.05 & 260.06, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7004
2013-2014: S3847
2015-2016: S2819
2017-2018: S6301
2019-2020: S1759
2021-2022: S4631
2023-2024: S4089

2011-S2945 (ACTIVE) - Summary

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

2011-S2945 (ACTIVE) - Sponsor Memo

2011-S2945 (ACTIVE) - 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
              

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