senate Bill S5104

2011-2012 Legislative Session

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

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

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Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
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

Votes

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Co-Sponsors

S5104 - Details

See Assembly Version of this Bill:
A329
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยงยง260.05 & 260.06, Pen L
Versions Introduced in 2009-2010 Legislative Session:
A7605

S5104 - 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.

S5104 - Sponsor Memo

S5104 - 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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