Adopted by House 4-6-2009
SB612 H JUD AM 4-2 #1
The Committee on the Judiciary moves to amend the bill on page one, following the enaction section, by striking out the remainder of the bill and inserting in lieu thereof the following language:
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 Repeatedly and 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 and (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 repeatedly and 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 that remains unpaid, 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.