1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to support; clarifying and modifying the 1.3 crime of nonsupport of a spouse or child; specifying 1.4 spousal liability for medical necessities; imposing 1.5 criminal penalties; amending Minnesota Statutes 2000, 1.6 sections 519.05; 609.375, subdivisions 1, 2, 2a, by 1.7 adding subdivisions. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2000, section 519.05, is 1.10 amended to read: 1.11 519.05 [LIABILITY OF HUSBAND AND WIFE.] 1.12 (a) A spouse is not liable to a creditor for any debts of 1.13 the other spouse. Where husband and wife are living together, 1.14 they shall be jointly and severally liable for
allnecessary 1.15 medical services that have been furnished to either spouse, and 1.16 necessary household articles and supplies furnished to and used 1.17 by the family. Notwithstanding this paragraph, in a proceeding 1.18 under chapter 518 the court may apportion such debt between the 1.19 spouses. 1.20 (b) Either spouse may close a credit card account or other 1.21 unsecured consumer line of credit on which both spouses are 1.22 contractually liable, by giving written notice to the creditor. 1.23 Sec. 2. Minnesota Statutes 2000, section 609.375, 1.24 subdivision 1, is amended to read: 1.25 Subdivision 1. [CRIME DEFINED.] Whoever is legally 1.26 obligated to provide care and support to a spouse or child, 2.1 whether or not itsthe child's custody has been granted to 2.2 another, and knowingly omits and fails without lawful excuseto 2.3 do so is guilty of a misdemeanor, and upon conviction may be 2.4 sentenced to imprisonment for not more than 90 days or to 2.5 payment of a fine of not more than $700, or both. 2.6 Sec. 3. Minnesota Statutes 2000, section 609.375, 2.7 subdivision 2, is amended to read: 2.8 Subd. 2. [GROSS MISDEMEANOR VIOLATION.] If the violation2.9 of subdivision 1 continues for a period in excess of 90 days but2.10 not more than 180 days, theA person who violates subdivision 1 2.11 is guilty of a gross misdemeanor and may be sentenced to 2.12 imprisonment for not more than one year or to payment of a fine 2.13 of not more than $3,000, or both, if: 2.14 (1) the violation continues for a period in excess of 90 2.15 days but not more than 180 days; or 2.16 (2) the person is in arrears in court-ordered child support 2.17 or maintenance payments, or both, in an amount equal to or 2.18 greater than six times but less than nine times the person's 2.19 total monthly support and maintenance payments. 2.20 Sec. 4. Minnesota Statutes 2000, section 609.375, 2.21 subdivision 2a, is amended to read: 2.22 Subd. 2a. [FELONY VIOLATION.] If the violation of2.23 subdivision 1 continues for a period in excess of 180 days, the2.24 A person who violates subdivision 1 is guilty of a felony and 2.25 upon conviction may be sentenced to imprisonment for not more 2.26 than two years or to payment of a fine of not more than $5,000, 2.27 or both, if: 2.28 (1) the violation continues for a period in excess of 180 2.29 days; or 2.30 (2) the person is in arrears in court-ordered child support 2.31 or maintenance payments, or both, in an amount equal to or 2.32 greater than nine times the person's total monthly support and 2.33 maintenance payments. 2.34 Sec. 5. Minnesota Statutes 2000, section 609.375, is 2.35 amended by adding a subdivision to read: 2.36 Subd. 8. [DEFENSE.] It is an affirmative defense to 3.1 criminal liability under this section if the defendant proves by 3.2 a preponderance of the evidence that the omission and failure to 3.3 provide care and support were with lawful excuse. 3.4 Sec. 6. Minnesota Statutes 2000, section 609.375, is 3.5 amended by adding a subdivision to read: 3.6 Subd. 9. [DISMISSAL.] If any person who has not been 3.7 previously convicted of a felony crime under the laws of this 3.8 state or elsewhere or who has not been previously convicted of a 3.9 violation of this section or of a similar offense in this state 3.10 or elsewhere or who has not previously participated in or 3.11 completed a diversion program or who has not previously been 3.12 placed on probation without a judgment of guilty for violation 3.13 of this section, the court may after trial or upon a plea of 3.14 guilty, without entering a judgment of guilty and with the 3.15 consent of the person, defer further proceedings and place the 3.16 person on probation upon such reasonable conditions as it may 3.17 require and for a period not to exceed the maximum sentence 3.18 provided for the violation. Such conditions shall include: 3.19 (1) the defendant must provide the public authority 3.20 responsible for child support enforcement with an affidavit 3.21 attesting to the defendant's present address, occupation, 3.22 employer, current income, assets, and account information, as 3.23 defined in section 13B.06; and 3.24 (2) the defendant must execute a written payment agreement 3.25 regarding both current support and arrearages that is approved 3.26 by the court. In determining whether to approve a payment 3.27 agreement under this paragraph, the court shall apply the 3.28 provisions of chapter 518. 3.29 Sec. 7. Minnesota Statutes 2000, section 609.375, is 3.30 amended by adding a subdivision to read: 3.31 Subd. 10. Upon violation of a condition of the probation, 3.32 including a failure to comply with the written payment agreement 3.33 approved by the court under subdivision 9, clause (2), the court 3.34 may enter an adjudication of guilt and proceed as otherwise 3.35 provided. 3.36 Sec. 8. Minnesota Statutes 2000, section 609.375, is 4.1 amended by adding a subdivision to read: 4.2 Subd. 11. The court may, in its discretion, dismiss the 4.3 proceedings against the person and discharge the person from 4.4 probation before the expiration of the maximum period prescribed 4.5 for the person's probation but may do so only if the full amount 4.6 of any arrearages has been brought current. 4.7 Sec. 9. Minnesota Statutes 2000, section 609.375, is 4.8 amended by adding a subdivision to read: 4.9 Subd. 12. If during the period of probation the person 4.10 does not violate any of the conditions of the probation, then 4.11 upon expiration of the period the court shall discharge the 4.12 person and dismiss the proceedings against that person. 4.13 Discharge and dismissal under this subdivision shall be without 4.14 court adjudication of guilt, but a not public record of it shall 4.15 be retained by the bureau of criminal apprehension for the 4.16 purpose of use by the courts in determining the merits of 4.17 subsequent proceedings against the person. The not public 4.18 record may also be opened only upon court order for purposes of 4.19 a criminal investigation, prosecution, or sentencing. Upon 4.20 request by law enforcement, prosecution, or corrections 4.21 authorities, the bureau shall notify the requesting party of the 4.22 existence of the not public record and the right to seek a court 4.23 order to open it pursuant to this section. The court shall 4.24 forward a record of any discharge and dismissal under this 4.25 subdivision to the bureau which shall make and maintain the not 4.26 public record of it as provided under this subdivision. The 4.27 discharge or dismissal shall not be deemed a conviction for 4.28 purposes of disqualifications or disabilities imposed by law 4.29 upon conviction of a crime or for any other purpose. For 4.30 purposes of this subdivision, "not public" has the meaning given 4.31 in section 13.02, subdivision 8a. 4.32 Sec. 10. [EFFECTIVE DATE.] 4.33 Sections 2 to 9 are effective August 1, 2001, and apply to 4.34 all crimes committed on or after that date.