Bill Text: NY S06301 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 6301 (Prior Session Legislation)

Introduced

Bill Title: Makes the inability to pay child support an affirmative defense to non-support of child offenses, rather than an element of such offenses.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2018-01-03 - REFERRED TO CODES [S06301 Detail]

Download: New_York-2017-S06301-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6301
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        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:
     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

        S. 6301                             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.