HF 1697

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; authorizing dismissal of a charge 
  1.3             of nonsupport of spouse or child under certain 
  1.4             circumstances; amending Minnesota Statutes 2000, 
  1.5             section 609.375, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 609.375, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 6a.  [DISMISSAL OF CHARGE.] A felony charge brought 
  1.10  under subdivision 2a shall be dismissed if: 
  1.11     (1) the support obligor provides the county child support 
  1.12  enforcement agency with an affidavit attesting the obligor's 
  1.13  present address, occupation, employer, and current income, and 
  1.14  consents to service of an order for automatic income 
  1.15  withholding; or 
  1.16     (2) the support obligor makes satisfactory arrangements for 
  1.17  payment with the county child support enforcement agency of all 
  1.18  accumulated arrearages and any ongoing support obligations.  For 
  1.19  purposes of this section, satisfactory arrangements shall be 
  1.20  reasonably consistent with the obligor's ability to pay. 
  1.21     In any case for which dismissal is sought under this 
  1.22  subdivision, the felony charge shall be continued for dismissal 
  1.23  for a period of six months.  If the obligor meets all 
  1.24  requirements of the payment plan within that six-month period, 
  1.25  the felony charge shall be dismissed. 
  2.1      Sec. 2.  [EFFECTIVE DATE.] 
  2.2      Section 1 is effective August 1, 2001, and applies to all 
  2.3   crimes committed on or after that date.