Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 03, 2016 |
referred to codes delivered to assembly passed senate |
Mar 28, 2016 |
advanced to third reading |
Mar 23, 2016 |
2nd report cal. |
Mar 22, 2016 |
1st report cal.428 |
Jan 06, 2016 |
referred to codes returned to senate died in assembly |
May 19, 2015 |
referred to codes delivered to assembly passed senate |
May 18, 2015 |
ordered to third reading cal.718 committee discharged and committed to rules |
Jan 29, 2015 |
referred to codes |
Senate Bill S2819
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
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
Actions
Votes
co-Sponsors
(D, IP) Senate District
2015-S2819 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A3162
- 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:
S7004, A10169
2011-2012: S2945, A5295
2013-2014: S3847, A7968
2017-2018: S6301, A7052
2019-2020: S1759
2021-2022: S4631
2023-2024: S4089
2015-S2819 (ACTIVE) - Sponsor Memo
BILL NUMBER:S2819 TITLE OF BILL: An act to amend the penal law, in relation to non-support of a child PURPOSE: Requires a delinquent parent to demonstrate as an affirmative defense that the inability to pay excuses his or her failure to provide child support for their minor child. SUMMARY OF PROVISION: Section one amends sections 260.05 & 260.06 of the penal law by deleting the defendant's ability to pay from the definition of the offense found in such sections and adds to both sections a new provision that allows a defendant to show inability to pay as an affirmative defense. JUSTIFICATION: 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 by engaging in wasteful personal spending and concealment of funds. Currently,
2015-S2819 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2819 2015-2016 Regular Sessions I N S E N A T E January 29, 2015 ___________ 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: S 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 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 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. LBD01389-01-5
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