Introduced Version
House Bill 2293 History
| Email
Key: Green = existing Code. Red = new code to be enacted
H. B. 2293
(By Delegates Iaquinta, Longstreth, D. Poling,
Walters and Miley)
[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.