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.
STATE OF NEW YORK
________________________________________________________________________
2328
2013-2014 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subdivision 2 of section 260.05 of the penal law, as added
2 by chapter 70 of the laws of 2008, is amended to read as follows:
3 2. being a parent, guardian or other person obligated to make child
4 support payments by an order of child support entered by a court or
5 agency of competent jurisdiction for a child less than eighteen years
6 old, he or she knowingly fails or refuses without lawful excuse to
7 provide support for such child when he or she is able to do so, or
8 becomes unable to do so, when, though employable, he or she voluntarily
9 terminates his or her employment, voluntarily reduces his or her earning
10 capacity, or fails to diligently seek employment.
11 § 2. Paragraph (b) of subdivision 1 of section 260.06 of the penal
12 law, as added by chapter 70 of the laws of 2008, is amended to read as
13 follows:
14 (b) being a parent, guardian or other person obligated to make child
15 support payments by an order of child support entered by a court or
16 agency of competent jurisdiction for a child less than eighteen years
17 old, he or she knowingly fails or refuses without lawful excuse to
18 provide support for such child when he or she is able to do so, or
19 becomes unable to do so, when, though employable, he or she voluntarily
20 terminates his or her employment, voluntarily reduces his or her earning
21 capacity or fails to diligently seek employment; and
22 § 3. This act shall take effect on the first of November next succeed-
23 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.
LBD03205-01-3
