SENATE
HOUSE
JOINT
BILL STATUS
STATE LAW
REPORTS
EDUCATIONAL
CONTACT
home
home
Introduced Version House Bill 2808 History

   |  Email
Key: Green = existing Code. Red = new code to be enacted

H. B. 2808

 

         (By Delegates Iaquinta, Fragale, Longstreth,

          D. Poling, Walters, Givens, Miley and Carmichael)


         [Introduced January 11, 2012

ole.gif

; 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 crimes against public justice; misdemeanor penalty for failure to meet an obligation to pay support to a minor; and reducing 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 penalty.

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) 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 (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 $100 nor more than $1,000, or confined in jail for not more than one year, or both fined and confined.

    (2) 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 penalty.


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

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Email WebmasterWebmaster   |   © 2024 West Virginia Legislature **


X

Print On Demand

Name:
Email:
Phone:

Print