Bill S5104-2011

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

  • Jun 20, 2012: referred to codes
  • Jun 20, 2012: DELIVERED TO ASSEMBLY
  • Jun 20, 2012: PASSED SENATE
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1377
  • Jun 20, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 4, 2012: REFERRED TO CODES
  • May 3, 2011: REFERRED TO CODES

Votes

VOTE: COMMITTEE VOTE: - Rules - Jun 20, 2012
Ayes (21): Skelos, Alesi, Farley, Fuschillo, Hannon, Johnson, Larkin, LaValle, Libous, Marcellino, Maziarz, Nozzolio, Saland, Seward, Sampson, Breslin, Hassell-Thompson, Krueger, Perkins, Smith, Stewart-Cousins
Ayes W/R (1): Montgomery
Nays (3): Dilan, Duane, Parker

Memo

BILL NUMBER:S5104

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 provides for the effective date.

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

non-support 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: A.7605, 2009 and 2010 held for consideration in codes. Similar to A.5346, 2007 and 2008 referred to codes committee.

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 ________________________________________________________________________ 5104 2011-2012 Regular Sessions IN SENATE 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.

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