Senate Bill S7352

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7352
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              April 10, 2025
                                ___________
 
 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:
 § 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] SUCH
 PERSON 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]  SUCH  PERSON  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.
                                                            LBD05661-01-5
              

 S. 7352                             2
 
 EMPLOYABLE,  SUCH  DEFENDANT  VOLUNTARILY  TERMINATES  THEIR EMPLOYMENT,
 VOLUNTARILY REDUCES THEIR EARNING CAPACITY, OR FAILS TO DILIGENTLY  SEEK
 EMPLOYMENT.
   Non-support of a child in the second degree is a class A misdemeanor.
   §  2. Section 260.06 of the penal law, as amended by chapter 70 of the
 laws of 2008, is amended to read as follows:
 § 260.06 Non-support of a child in the first degree.
   A person is guilty of non-support of a child in the first degree when:
   1. (a) 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]
 SUCH PERSON fails or refuses without lawful excuse  to  provide  support
 for such child [when he or she is able to do so]; or
   (b)  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] fails or refuses without lawful excuse to provide support for  such
 child [when he or she is able to do so]; and
   2.  [he  or  she]  SUCH  PERSON  has  previously been convicted in the
 preceding five years of a [crime defined in] VIOLATION OF section 260.05
 of this article or [a crime defined by the provisions] of this section.
   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
 EMPLOYABLE,  SUCH  DEFENDANT  VOLUNTARILY  TERMINATES  THEIR EMPLOYMENT,
 VOLUNTARILY REDUCES THEIR EARNING CAPACITY, OR FAILS TO DILIGENTLY  SEEK
 EMPLOYMENT.
   Non-support of a child in the first degree is a class E felony.
   § 3. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.