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2003 SESSION

030640456
SENATE BILL NO. 1118
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 22, 2002)
(Patron Prior to Substitute--Senator Lucas)
A BILL to amend and reenact § 20-61 of the Code of Virginia, relating to failure to pay child support; penalty.

Be 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.