H. B. 4412
(By Delegates Iaquinta, Fragale, Perdue,
Longstreth, D. Poling, Walters, Givens,
Klempa, Miley and Carmichael)
[Introduced
February 9, 2010
; 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.