Senate Bill S6301

2017-2018 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

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2017-S6301 (ACTIVE) - Details

See Assembly Version of this Bill:
A7052
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.05 & 260.06, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S7004, A10169
2011-2012: S2945, A5295
2013-2014: S3847, A7968
2015-2016: S2819, A3162
2019-2020: S1759
2021-2022: S4631
2023-2024: S4089

2017-S6301 (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.

2017-S6301 (ACTIVE) - Sponsor Memo

2017-S6301 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6301
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               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:

   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:
 § 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.
              

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