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Assembly Bill A329

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

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Archive: Last Bill Status - In Assembly Committee

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2011-A329 (ACTIVE) - Details

See Senate Version of this Bill:
S5104
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: A7605
2013-2014: A2328, S2292

2011-A329 (ACTIVE) - 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.

2011-A329 (ACTIVE) - Bill Text download pdf 

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

                                   329

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, COOK, TITUS, WRIGHT, BENEDETTO, DESTITO,
  DINOWITZ, GALEF,  HOOPER,  MAGNARELLI,  SCHROEDER,  ROSENTHAL,  SPANO,
  ENGLEBRIGHT  --  Multi-Sponsored  by -- M. of A. AUBRY, CAHILL, CANES-
  TRARI, COLTON, FARRELL, GLICK, HIKIND, McENENY, MILLMAN, PERRY,  PHEF-
  FER,  ROBINSON,  TOWNS,  WEISENBERG  --  read once and referred 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02280-01-1

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