SB326 SFA Carmichael 3-10 #1

Lovell 7908

 

Senator Carmichael moved to amend the House amendment to the Committee Substitute for Senate Bill 326 by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 8D.  CHILD ABUSE.

§61-8D-10. Contributing to delinquency of a minor; penalties; payment of medical costs; proof; court discretion; other payments; suspended sentence; maintenance and care; temporary custody.


(a) Any person eighteen years of age or older who knowingly contributes to or encourages the delinquency of a minor is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 nor more than $500 or confined for a period not exceeding one year or both.

(b) As used in this section, “delinquency” means the violation or attempted violation of any federal or state statute, county or municipal ordinance, or a court order, or the habitual or continual refusal to comply, without just cause, with the lawful supervision or direction of a parent, guardian or custodian.   

(c) In addition to any penalty provided under this section and any restitution which may be ordered by the court pursuant to section five, article eleven-a of this chapter the court may order any person convicted of a violation of subsection (a) of this section to pay all or any portion of the cost of medical, psychological or psychiatric treatment provided the minor resulting from the acts for which the person is convicted.

(d) This section does not apply to any parent, guardian or custodian who fails or refuses, or allows another person to fail or refuse, to supply a child under the care, or control of the parent, guardian, or custodian with necessary medical care, when medical care conflicts with the tenets and practices of a recognized religious denomination or order of which parent, guardian or custodian is an adherent or member.

 (e) It is not an essential element of the offense created by this section that the minor actually be delinquent.

(f) Upon conviction, the court may suspend the sentence of a person found guilty under this section.  In addition to any other conditions authorized by this code, any suspended sentence may include the following terms and conditions:

 (1) That the defendant post a sufficient bond to secure the payment for all sums ordered to be paid under this section, as long as the bond does not exceed $5,000; and

(2) That the defendant participate in any program or training that will assist the minor in correcting the delinquent behavior or that will assist the offender in correcting his or her behavior that led to the conviction.

(g)(1) Any bond given upon suspension of a sentence which becomes forfeited is recoverable without a separate suit.  The court may cause a citation or a summons to issue to the principal and surety requiring that they appear at a time named by the court, not less than ten days from the issuance of the summons, and show cause why a judgment should not be entered for the penalty of the bond and execution issued against the property of the principal and the surety.

(2) Any money collected or paid upon an execution or upon the bond shall be deposited with the clerk of the court in which the bond was given.  The money shall be applied first to the payment of all court costs and any remaining funds may be expended pursuant to subsection (c) of this section. Any money not expended for payment of court costs or pursuant to subsection (c) of this section shall be returned to the surety if the surety is not the defendant. Where the surety is the defendant, money not expended pursuant to this subsection shall be deposited in the crime victim’s fund established by the provisions of section four, article two-a, chapter fourteen of this code.

(h) If a person convicted of a violation of this section had custody of the child whose delinquency was contributed to, the court may allow the persons to retain custody of said child if the court finds that such action is in the best interest of the child. 


 

Adopted

Rejected