Bill Text: NY A02328 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 21-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A02328 Detail]

Download: New_York-2013-A02328-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2328
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S  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    S 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