Assembly Bill A2328

2013-2014 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 - 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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2013-A2328 (ACTIVE) - Details

See Senate Version of this Bill:
S2292
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.05 & 260.06, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7605
2011-2012: A329, S5104

2013-A2328 (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.

2013-A2328 (ACTIVE) - Bill Text download pdf

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

                                  2328

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced by M. of A. PAULIN, COOK, TITUS, WRIGHT, BENEDETTO, DINOWITZ,
  GALEF,  HOOPER,  MAGNARELLI, ROSENTHAL, ENGLEBRIGHT -- Multi-Sponsored
  by -- M. of A. AUBRY, CAHILL, COLTON, FARRELL, GLICK, HIKIND, MILLMAN,
  PERRY, ROBINSON, 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
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.
              

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