Assembly Bill A3162

2015-2016 Legislative Session

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

download bill text pdf

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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

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2015-A3162 (ACTIVE) - Details

See Senate Version of this Bill:
S2819
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: A10169, S7004
2011-2012: A5295, S2945
2013-2014: A7968, S3847
2017-2018: A7052, S6301
2019-2020: S1759
2021-2022: S4631
2023-2024: S4089

2015-A3162 (ACTIVE) - Summary

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

2015-A3162 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3162

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2015
                               ___________

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:

  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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