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HF 2279

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 01:56pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Engrossments
Introduction Posted on 02/25/2014

Current Version - as introduced

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A bill for an act
 relating to crime; adding a definition of support for the crime of nonsupport of
spouse or child; amending Minnesota Statutes 2012, section 609.375.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 609.375, is amended to read:


609.375 NONSUPPORT OF SPOUSE OR CHILD.

Subdivision 1.

Crime defined.

Whoever is legally obligated to provide deleted text begin care and
deleted text end support to a spouse or child, whether or not the child's custody has been granted to another,
and knowingly omits and fails to deleted text begin do sodeleted text end new text begin pay support new text end is guilty of a misdemeanor, and upon
conviction may be sentenced to imprisonment for not more than 90 days or to payment of
a fine of not more than $1,000, or both.

Subd. 2.

Gross misdemeanor violation.

A person who violates subdivision 1 is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both, if:

(1) the violation continues for a period in excess of 90 days but not more than 180
days; or

(2) the person is in arrears in court-ordered deleted text begin childdeleted text end support deleted text begin or maintenancedeleted text end paymentsdeleted text begin ,
or bothdeleted text end , in an amount equal to or greater than six times but less than nine times the
person's total monthly support deleted text begin and maintenancedeleted text end payments.

Subd. 2a.

Felony violation.

A person who violates subdivision 1 is guilty of a
felony and upon conviction may be sentenced to imprisonment for not more than two
years or to payment of a fine of not more than $5,000, or both, if:

(1) the violation continues for a period in excess of 180 days; or

(2) the person is in arrears in court-ordered deleted text begin childdeleted text end support deleted text begin or maintenancedeleted text end paymentsdeleted text begin ,
or bothdeleted text end , in an amount equal to or greater than nine times the person's total monthly support
deleted text begin and maintenancedeleted text end payments.

Subd. 2b.

Attempt to obtain contempt order as prerequisite to prosecution.

A
person may not be charged with violating this section unless there has been an attempt
to obtain a court order holding the person in contempt for failing to pay support deleted text begin or
maintenancedeleted text end under chapter 518 or 518A. This requirement is satisfied by a showing that
reasonable attempts have been made at service of the order.

Subd. 5.

Venue.

A person who violates this section may be prosecuted and tried
in the county in which the support obligor resides or in the county in which the obligee
or the child resides.

Subd. 7.

Conditions of work release; probation violation.

Upon conviction
under this section, a defendant may obtain work release only upon the imposition of an
automatic income withholding order, and may be required to post a bond in avoidance of
jail time and conditioned upon payment of all deleted text begin childdeleted text end support owed. Nonpayment of deleted text begin child
deleted text end support is a violation of any probation granted following conviction under subdivision 2a.

Subd. 8.

Defense.

It is an affirmative defense to criminal liability under this section
if the defendant proves by a preponderance of the evidence that the omission and failure
to provide deleted text begin care anddeleted text end support deleted text begin weredeleted text end new text begin wasnew text end with lawful excuse.

new text begin Subd. 9. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "support" means a legal obligation
under a support order as defined in section 518A.26, subdivision 21.
 new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014, and applies to crimes
committed on or after that date.
 new text end