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Introduced Version House Bill 2808 History

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H. B. 2808

 

         (By Delegates Iaquinta, Fragale, Longstreth,

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


         [Introduced January 11, 2012

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; 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.

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