Bill S2292-2013

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

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.

Details

Actions

  • May 12, 2014: referred to codes
  • May 12, 2014: DELIVERED TO ASSEMBLY
  • May 12, 2014: PASSED SENATE
  • May 5, 2014: ADVANCED TO THIRD READING
  • Apr 30, 2014: 2ND REPORT CAL.
  • Apr 29, 2014: 1ST REPORT CAL.463
  • Jan 8, 2014: REFERRED TO CODES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Apr 22, 2013: referred to codes
  • Apr 22, 2013: DELIVERED TO ASSEMBLY
  • Apr 22, 2013: PASSED SENATE
  • Mar 21, 2013: ADVANCED TO THIRD READING
  • Mar 20, 2013: 2ND REPORT CAL.
  • Mar 19, 2013: 1ST REPORT CAL.257
  • Jan 15, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 19, 2013
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien
VOTE: COMMITTEE VOTE: - Codes - Apr 29, 2014
Ayes (15): Nozzolio, Boyle, DeFrancisco, Flanagan, Gallivan, Golden, O'Mara, Griffo, Avella, Squadron, Perkins, Espaillat, Hoylman, O'Brien, Krueger
Nays (1): Lanza

Memo

BILL NUMBER:S2292               REVISED 4/24/14

TITLE OF BILL: An act to amend the penal law, in relation to non-support of a child where parent voluntarily reduces or terminates employment

PURPOSE: To amend the penal law to provide for criminal penalties for the knowing failure to pay child support by a person obligated to make child support payments by a child support order entered by a court or agency of competent jurisdiction when he or she is able to do so or becomes unable to do so when he or she voluntarily terminates his or her employment, voluntarily reduces his or her earning capacity or fails to diligently seek employment.

SUMMARY OF PROVISIONS:

Section One - amends subdivision 2 of section 260.05 of the penal law, as added by chapter 70 of the laws of 2008, nonsupport of a child in the second degree, to include agency of competent jurisdiction so that it is a misdemeanor for a person obligated to make child support payments by an order of child support entered by either a court of competent jurisdiction or an agency of competent jurisdiction for a child less than eighteen years old to knowingly fail to payor refuse without lawful excuse to provide support for such child when he or she is able to, or becomes unable to pay, 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.

Section Two - amends paragraph (b) of subdivision 1 of section 260.06 of the penal law, as added by chapter 70 of the laws of 2008, non-support of a child in the first degree, by making it a crime for a person obligated to make child support payments for a child less than eighteen years old by a child support order entered by a court or agency to knowingly fail to payor refuse without lawful excuse to provide support for such child when he or she is able to, or becomes unable to pay, 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.

Section Three - this act shall take effect on the first of November following the date on which it shall become law.

JUSTIFICATION: Under current law, a person obligated to pay child support by a child support order is guilty of the misdemeanor offense of non-support of a child when he or she purposely terminates his or her employment, reduces his or her earnings or fails to diligently seek to be employed. However, the purposeful termination of employment, reduction of earnings or failure to diligently seek to be employed is currently not a basis for the felony offense of nonsupport of a child in the first degree. This bill will make clear that a person obligated to pay child support by a child support order is guilty of non-support in the first degree when he or she purposely terminates his or her employment, reduces his or her earnings or fails to diligently seek to be employed, and he or she has been previously convicted in the preceding five years of the misdemeanor offense of nonsupport of a child.

With this change, we will provide consistency in the law so that the purposeful termination of employment, reduction of earnings or failure to diligently seek to be employed may serve as the basis for both the felony offense of non-support of a child in the first degree as well as the misdemeanor offense of non-support of a child in the second degree. Persons who are legally obligated to provide child support should not be permitted to escape criminal prosecution where they have deliberately taken action to avoid paying child support.

We will also provide consistency in the law by providing that a child support order may be entered in either a court of competent jurisdiction or an agency of competent jurisdiction since child support orders can and are obtained in either venue.

LEGISLATIVE HISTORY: 05/03/11 - S.5104 Referred to Codes/ 01/05/11 A.329 Referred to Codes 01/04/12 - S.5104 Passed Senate/ 01/04/12 A.329 Referred to Codes 04/22/13 - S.2292 Passed Senate/ 01/14/13 A.2328 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the first of November following the date on which it shall become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 2292 2013-2014 Regular Sessions IN SENATE January 15, 2013 ___________
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus