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SB310 SUB1 Senate Bill 310 History

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Key: Green = existing Code. Red = new code to be enacted

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 310

(By Senators Palumbo and Cookman)

____________

[Originating in the Committee on the Judiciary;

reported January 21, 2014.]

____________

 

A BILL to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating to adjusting penalties for willful failure to pay child support; requiring probation and home confinement instead of confinement in a correctional facility for first violations; creating the misdemeanor offense of a second conviction of willfully failing to pay child support; creating a felony offense of a third or subsequent conviction of willfully failing to pay child support; and requiring certain persons convicted of willfully failing to pay child support to promptly obtain employment or register with WorkForce West Virginia and complete certain programs.

Be it enacted by the Legislature of West Virginia:

    That §61-5-29 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.

§61-5-29. Wilful Failure to Pay Child Support.

    (a) Any person who is subject to court order to pay child support who knowingly and wilfully fails to pay the amount of support ordered when he or she can reasonably do so for a total of six months or more shall be guilty of a misdemeanor and, upon conviction, shall be confined in jail for not more than one year. A person convicted of a first violation of this subsection shall be placed on probation upon initial disposition.

    (b) Any person convicted of a second violation of subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, be confined in jail for not more than one year, fined not less than $100 nor more than $1,000, or both.

    (c) Any person convicted of a third violation of subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction, be confined in jail for not less than ninety days nor more than one year and fined not less than $500 or more than $1,500.

    (d) Notwithstanding the provisions of subsection (a) of this section any person who is subject to a court order to pay child support who knowingly and wilfully fails to pay the amount of support ordered when he or she can reasonably do so for a total of twelve months or more shall be guilty of a felony and, upon conviction, be imprisoned in a state correction facility for not less than one year nor more than three years or fined $1,000 nor more than $5,000, or both.

    (e) Any person convicted of a violation of this section who is not incarcerated as a result of his or her conviction and who is not gainfully employed shall, as a condition of supervision: (1) Promptly obtain gainful employment; or (2)Register with WorkForce West Virginia and actively seek employment or training therethrough.


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         (NOTE: This section is completely re-written; therefore, strike-throughs and underscoring have been omitted.)

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