A07052 Summary:

BILL NOA07052
 
SAME ASSAME AS S06301
 
SPONSORTitone
 
COSPNSR
 
MLTSPNSR
 
Amd §§260.05 & 260.06, Pen L
 
Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.
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A07052 Actions:

BILL NOA07052
 
03/29/2017referred to codes
01/03/2018referred to codes
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A07052 Committee Votes:

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A07052 Floor Votes:

There are no votes for this bill in this legislative session.
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A07052 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7052
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 29, 2017
                                       ___________
 
        Introduced by M. of A. TITONE -- read once and referred 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:
 
     1    Section 1. Section 260.05 of the penal law, as amended by chapter  397
     2  of  the laws of 1997, the opening paragraph and subdivision 1 as amended
     3  and subdivision 2 as added by chapter 70 of the laws of 2008, is amended
     4  to read as follows:
     5  § 260.05 Non-support of a child in the second degree.
     6    A person is guilty of non-support of a child when:
     7    1. being a parent, guardian or other person legally charged  with  the
     8  care  or custody of a child less than sixteen years old, he or she fails
     9  or refuses without lawful excuse to provide support for such child [when
    10  he or she is able to do so, or becomes unable to  do  so,  when,  though
    11  employable,  he  or  she  voluntarily  terminates his or her employment,
    12  voluntarily reduces his or her earning capacity, or fails to  diligently
    13  seek employment]; or
    14    2.  being  a  parent, guardian or other person obligated to make child
    15  support payments by an order of child support  entered  by  a  court  of
    16  competent  jurisdiction  for a child less than eighteen years old, he or
    17  she knowingly fails or refuses without lawful excuse to provide  support
    18  for such child [when he or she is able to do so, or becomes unable to do
    19  so, when, though employable, he or she voluntarily terminates his or her
    20  employment, voluntarily reduces his or her earning capacity, or fails to
    21  diligently seek employment].
    22    In  any  prosecution  under this section, it is an affirmative defense
    23  that the defendant is unable to provide support for the child.  Provided
    24  that nothing in this paragraph shall constitute a defense  to  a  prose-
    25  cution for or preclude conviction of the offense defined in this section
    26  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.
                                                                   LBD02353-01-7

        A. 7052                             2
 
     1  employable, he or she voluntarily  terminates  his  or  her  employment,
     2  voluntarily  reduces his or her earning capacity, or fails to diligently
     3  seek employment.
     4    Non-support of a child in the second degree is a class A misdemeanor.
     5    §  2. Section 260.06 of the penal law, as amended by chapter 70 of the
     6  laws of 2008, is amended to read as follows:
     7  § 260.06 Non-support of a child in the first degree.
     8    A person is guilty of non-support of a child in the first degree when:
     9    1. (a) being a parent, guardian or other person legally  charged  with
    10  the  care  or  custody of a child less than sixteen years old, he or she
    11  fails or refuses without lawful excuse to provide support for such child
    12  [when he or she is able to do so]; or
    13    (b) being a parent, guardian or other person obligated to  make  child
    14  support  payments  by  an  order  of child support entered by a court of
    15  competent jurisdiction for a child less than eighteen years old,  he  or
    16  she  fails  or refuses without lawful excuse to provide support for such
    17  child [when he or she is able to do so]; and
    18    2. he or she has previously been convicted in the preceding five years
    19  of a [crime defined in] violation of section 260.05 of this  article  or
    20  [a crime defined by the provisions] of this section.
    21    In  any  prosecution  under this section, it is an affirmative defense
    22  that the defendant is unable to provide support for the child.  Provided
    23  that nothing in this paragraph shall constitute a defense  to  a  prose-
    24  cution for or preclude conviction of the offense defined in this section
    25  where  the  defendant  becomes  unable  to  provide support when, though
    26  employable, he or she voluntarily  terminates  his  or  her  employment,
    27  voluntarily  reduces his or her earning capacity, or fails to diligently
    28  seek employment.
    29    Non-support of a child in the first degree is a class E felony.
    30    § 3. This act shall take effect on the first of November next succeed-
    31  ing the date on which it shall have become a law.
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