COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 612
(By Senators Prezioso, Unger and Deem)
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[Originating in the Committee on the Judiciary;
reported March 25, 2009.]
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A BILL to amend and reenact §61-5-29 of the Code of West Virginia,
1931, as amended, relating generally to criminal enforcement
for willful failure to pay child support.
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 pay support to a
minor; penalties.
(1) A person who: (a) Persistently Willfully fails to provide
pay his or her court-ordered support 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 months' duration, is guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $100 nor
more than $1,000, or confined in the county or regional jail for
not more than one year, or both fined and confined.
(2) A person who persistently willfully fails to provide pay
his or her court-ordered support 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 $8,000; or
(b) twelve consecutive months without payment of support, is guilty
of a felony and, upon conviction thereof, shall be fined not less
than $100 nor more than $1,000, 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.
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(NOTE: The purpose of this bill is to bring the statute into
compliance with recent case law.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)