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2003 SESSION
030640456Be it enacted by the General Assembly of Virginia:
1. That § 20-61 of the Code of Virginia is amended and reenacted as follows:
§ 20-61. Desertion or nonsupport of wife, husband or children in necessitous circumstances; penalties.
A. Any spouse who without cause deserts or willfully neglects or refuses or
fails to provide for the support and maintenance of his or her spouse, and any
parent who deserts or willfully neglects or refuses or fails to provide for the
support and maintenance of his or her child under the age of eighteen years of
age, or child of whatever age who is crippled or otherwise incapacitated from
earning a living, the spouse, child or children being then and there in
necessitous circumstances, shall be guilty of a misdemeanor and upon conviction
shall be punished by a fine of not exceeding $500, or confinement in jail not
exceeding twelve months, or both, or on work release employment as provided in
§ 53.1-131 for a period of not less than ninety days nor more than twelve
months; or in lieu of the fine or confinement being imposed upon conviction by the
court or by verdict of a jury he or she may be required by the court to suffer
a forfeiture of an amount not exceeding the sum of $1,000 and the fine or
forfeiture may be directed by the court to be paid in whole or in part to the
spouse, or to the guardian, curator, custodian or trustee of the minor child or
children, or to some discreet person or responsible organization designated by
the court to receive it. This section subsection shall not apply to any parent
of any child of whatever age, if the child qualifies for and is receiving aid
under a federal or state program for aid to the permanently and totally
disabled; or is an adult and meets the visual requirements for aid to the
blind; and for this purpose any state agency shall use only the financial
resources of the child of whatever age in determining eligibility.
B. In a prosecution for violation of the provisions of this section for nonpayment of child support, if the court finds that the person has previously either (i) been convicted of 2 or more violations of the provisions of this section for nonpayment of child support, or (ii) been held in contempt 2 or more times pursuant to § 16.1-278.16, such person is guilty of a Class 6 felony.
2. That the provisions of this act may result in a net increase in periods of imprisonment or commitment. Pursuant to § 30-19.1:4, the estimated amount of the necessary appropriation is $80,283 for periods of imprisonment in state adult correctional facilities and is $0 for periods of commitment to the custody of the Department of Juvenile Justice.