H. B. 2293

          (By Delegates Iaquinta and Walters)

          [Introduced February 13, 2013; 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 reducing the time period of delinquency for failure to meet an obligation to pay support to a minor before failure to pay is a misdemeanor.
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) A person who: (a) (1) Repeatedly and willfully fails to 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; and (2) 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 $100 nor more than $1,000, or confined in jail for not more than one year, or both fined and confined.
     (2) (b) A person who repeatedly and willfully fails to 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 twelve 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.


          
     NOTE: The purpose of this bill is to reduce from six months to three months the period of delinquency for failure to meet an obligation to pay support to a minor before failure to pay is a misdemeanor.

     Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.