H. B. 4499
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 17, 2004; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §61-5-29 of the code of West Virginia,
1931, as amended, relating to failure to meet child support
obligations; and penalties.
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. Failure to meet an obligation to provide support to a
minor; penalties.
(1) A person who: (a)
Persistently Fails to provide support
for three consecutive months which he or she can reasonably provide
and which he or she knows he or she has a duty to provide to a
minor; or (b) is subject to court order to pay any amount for the
support of a minor child and is delinquent in meeting the full
obligation established by the order and has been delinquent for a period of at least
six three months' duration, is guilty of a
misdemeanor and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than one thousand dollars, or
confined in the county or regional jail for not more than one year,
or both fined and confined.
Upon a second or subsequent violation
of this subdivision (1), a person is guilty of a felony and, upon
conviction thereof, shall be fined not less than one hundred
dollars nor more than one thousand dollars, or imprisoned for not
less than one year nor more than three years, or both fined and
imprisoned.
(2) A person who
persistently fails to provide support
for six
consecutive months which he or she can reasonably provide and which
he or she knows he or she has a duty to provide to a minor by
virtue of a court or administrative order and the failure results
in
(a) an arrearage of not less than
eight five thousand dollars
or
(b) twelve consecutive months without payment of support, is guilty
of a felony and, upon conviction thereof, shall be fined not less
than one hundred dollars nor more than one thousand dollars, or
imprisoned for not less than one year nor more than three years, or
both fined and imprisoned.
(3) In a prosecution under this section, the defendant's
alleged inability to reasonably provide the required support may be
raised only as an affirmative defense, after reasonable notice to
the state.
NOTE: The purpose of this bill is to strengthen penalties for
failure to meet child support obligations.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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