3rd 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; providing 1.4 notice of criminal penalties for nonsupport of a 1.5 spouse or child; specifying spousal liability for 1.6 medical necessities; imposing criminal penalties; 1.7 crediting child support payments to public authority; 1.8 authorizing collection of child support in arrears 1.9 under revenue recapture act under certain 1.10 circumstances; authorizing issuing a limited license 1.11 to a driver whose license has been suspended for being 1.12 in arrears in court-ordered child support; amending 1.13 Minnesota Statutes 2000, sections 171.186, by adding a 1.14 subdivision; 171.30, subdivision 1; 518.551, 1.15 subdivisions 1, 13; 518.6111, by adding a subdivision; 1.16 518.68, subdivision 2; 519.05; 609.095; 609.375, 1.17 subdivisions 1, 2, 2a, by adding subdivisions; 1.18 proposing coding for new law in Minnesota Statutes, 1.19 chapters 518; 609. 1.20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.21 Section 1. Minnesota Statutes 2000, section 171.186, is 1.22 amended by adding a subdivision to read: 1.23 Subd. 4. [LIMITED LICENSE.] Notwithstanding subdivision 3, 1.24 the commissioner must issue a limited license to a person whose 1.25 license has been suspended under this section upon receipt of a 1.26 court order or notice from a public authority responsible for 1.27 child support enforcement pursuant to section 518.551, 1.28 subdivision 13, that states that: (1) the driver is in arrears 1.29 in court-ordered child support payments in an amount equal to 1.30 three to six times the obligor's total monthly payment, and is 1.31 not in compliance with a written payment agreement; and (2) the 1.32 obligor's employment, attendance at employment-related education 2.1 or training, or compliance with court-ordered parenting time 2.2 depends upon the use of a driver's license. 2.3 Sec. 2. Minnesota Statutes 2000, section 171.30, 2.4 subdivision 1, is amended to read: 2.5 Subdivision 1. [CONDITIONS OF ISSUANCE.] (a) In any case 2.6 where a person's license has been suspended under section 171.18 2.7 or 171.173, or revoked under section 169.792, 169.797, 169A.52, 2.8 169A.54, 171.17, or 171.172, the commissioner may issue a 2.9 limited license to the driver including under the following 2.10 conditions: 2.11 (1) if the driver's livelihood or attendance at a chemical 2.12 dependency treatment or counseling program depends upon the use 2.13 of the driver's license; 2.14 (2) if the use of a driver's license by a homemaker is 2.15 necessary to prevent the substantial disruption of the 2.16 education, medical, or nutritional needs of the family of the 2.17 homemaker; or 2.18 (3) if attendance at a post-secondary institution of 2.19 education by an enrolled student of that institution depends 2.20 upon the use of the driver's license. 2.21 (b) The commissioner in issuing a limited license may 2.22 impose such conditions and limitations as in the commissioner's 2.23 judgment are necessary to the interests of the public safety and 2.24 welfare including reexamination as to the driver's 2.25 qualifications. The license may be limited to the operation of 2.26 particular vehicles, to particular classes and times of 2.27 operation and to particular conditions of traffic. The 2.28 commissioner may require that an applicant for a limited license 2.29 affirmatively demonstrate that use of public transportation or 2.30 carpooling as an alternative to a limited license would be a 2.31 significant hardship. 2.32 (c) For purposes of this subdivision, "homemaker" refers to 2.33 the person primarily performing the domestic tasks in a 2.34 household of residents consisting of at least the person and the 2.35 person's dependent child or other dependents. 2.36 (d) The limited license issued by the commissioner shall 3.1 clearly indicate the limitations imposed and the driver 3.2 operating under the limited license shall have the license in 3.3 possession at all times when operating as a driver. 3.4 (e) In determining whether to issue a limited license, the 3.5 commissioner shall consider the number and the seriousness of 3.6 prior convictions and the entire driving record of the driver 3.7 and shall consider the number of miles driven by the driver 3.8 annually. 3.9 (f) If the person's driver's license or permit to drive has 3.10 been revoked under section 169.792 or 169.797, the commissioner 3.11 may only issue a limited license to the person after the person 3.12 has presented an insurance identification card, policy, or 3.13 written statement indicating that the driver or owner has 3.14 insurance coverage satisfactory to the commissioner of public 3.15 safety. The commissioner of public safety may require the 3.16 insurance identification card provided to satisfy this 3.17 subdivision be certified by the insurance company to be 3.18 noncancelable for a period not to exceed 12 months. 3.19 (g) The commissioner must issue a limited license to a 3.20 driver when ordered by a court or directed by a public authority 3.21 responsible for child support enforcement pursuant to section 3.22 518.551, subdivision 13. 3.23 Sec. 3. Minnesota Statutes 2000, section 518.551, 3.24 subdivision 1, is amended to read: 3.25 Subdivision 1. [SCOPE; PAYMENT TO PUBLIC AGENCY.] (a) This 3.26 section applies to all proceedings involving a support order, 3.27 including, but not limited to, a support order establishing an 3.28 order for past support or reimbursement of public assistance. 3.29 (b) The court shall direct that all payments ordered for 3.30 maintenance and support be made to the public agency responsible 3.31 for child support enforcement so long as the obligee is 3.32 receiving or has applied for public assistance, or has applied 3.33 for child support and maintenance collection services. Public 3.34 authorities responsible for child support enforcement may act on 3.35 behalf of other public authorities responsible for child support 3.36 enforcement. This includes the authority to represent the legal 4.1 interests of or execute documents on behalf of the other public 4.2 authority in connection with the establishment, enforcement, and 4.3 collection of child support, maintenance, or medical support, 4.4 and collection on judgments. 4.5 (c) Payments made to the public authority other than 4.6 payments under section 518.6111 must be credited as of the date 4.7 the payment is received by the central collections unit. 4.8 (d) Amounts received by the public agency responsible for 4.9 child support enforcement greater than the amount granted to the 4.10 obligee shall be remitted to the obligee. 4.11 Sec. 4. Minnesota Statutes 2000, section 518.551, 4.12 subdivision 13, is amended to read: 4.13 Subd. 13. [DRIVER'S LICENSE SUSPENSION.] (a) Upon motion 4.14 of an obligee, which has been properly served on the obligor and 4.15 upon which there has been an opportunity for hearing, if a court 4.16 finds that the obligor has been or may be issued a driver's 4.17 license by the commissioner of public safety and the obligor is 4.18 in arrears in court-ordered child support or maintenance 4.19 payments, or both, in an amount equal to or greater than three 4.20 times the obligor's total monthly support and maintenance 4.21 payments and is not in compliance with a written payment 4.22 agreement regarding both current support and arrearages approved 4.23 by the court, a child support magistrate, or the public 4.24 authority, the court shall order the commissioner of public 4.25 safety to suspend the obligor's driver's license. The court's 4.26 order must be stayed for 90 days in order to allow the obligor 4.27 to execute a written payment agreement regarding both current 4.28 support and arrearages, which payment agreement must be approved 4.29 by either the court or the public authority responsible for 4.30 child support enforcement. If the obligor has not executed or 4.31 is not in compliance with a written payment agreement regarding 4.32 both current support and arrearages after the 90 days expires, 4.33 the court's order becomes effective and the commissioner of 4.34 public safety shall suspend the obligor's driver's license. The 4.35 remedy under this subdivision is in addition to any other 4.36 enforcement remedy available to the court. An obligee may not 5.1 bring a motion under this paragraph within 12 months of a denial 5.2 of a previous motion under this paragraph. 5.3 (b) If a public authority responsible for child support 5.4 enforcement determines that the obligor has been or may be 5.5 issued a driver's license by the commissioner of public safety 5.6 and the obligor is in arrears in court-ordered child support or 5.7 maintenance payments or both in an amount equal to or greater 5.8 than three times the obligor's total monthly support and 5.9 maintenance payments and not in compliance with a written 5.10 payment agreement regarding both current support and arrearages 5.11 approved by the court, a child support magistrate, or the public 5.12 authority, the public authority shall direct the commissioner of 5.13 public safety to suspend the obligor's driver's license. The 5.14 remedy under this subdivision is in addition to any other 5.15 enforcement remedy available to the public authority. 5.16 (c) At least 90 days prior to notifying the commissioner of 5.17 public safety according to paragraph (b), the public authority 5.18 must mail a written notice to the obligor at the obligor's last 5.19 known address, that it intends to seek suspension of the 5.20 obligor's driver's license and that the obligor must request a 5.21 hearing within 30 days in order to contest the suspension. If 5.22 the obligor makes a written request for a hearing within 30 days 5.23 of the date of the notice, a court hearing must be held. 5.24 Notwithstanding any law to the contrary, the obligor must be 5.25 served with 14 days' notice in writing specifying the time and 5.26 place of the hearing and the allegations against the obligor. 5.27 The notice may be served personally or by mail. If the public 5.28 authority does not receive a request for a hearing within 30 5.29 days of the date of the notice, and the obligor does not execute 5.30 a written payment agreement regarding both current support and 5.31 arrearages approved by the public authority within 90 days of 5.32 the date of the notice, the public authority shall direct the 5.33 commissioner of public safety to suspend the obligor's driver's 5.34 license under paragraph (b). 5.35 (d) At a hearing requested by the obligor under paragraph 5.36 (c), and on finding that the obligor is in arrears in 6.1 court-ordered child support or maintenance payments or both in 6.2 an amount equal to or greater than three times the obligor's 6.3 total monthly support and maintenance payments, the district 6.4 court or child support magistrate shall order the commissioner 6.5 of public safety to suspend the obligor's driver's license or 6.6 operating privileges unless the court or child support 6.7 magistrate determines that the obligor has executed and is in 6.8 compliance with a written payment agreement regarding both 6.9 current support and arrearages approved by the court, a child 6.10 support magistrate, or the public authority. 6.11 (e) An obligor whose driver's license or operating 6.12 privileges are suspended may provide proof to the public 6.13 authority responsible for child support enforcement that the 6.14 obligor is in compliance with all written payment agreements 6.15 regarding both current support and arrearages. Within 15 days 6.16 of the receipt of that proof, the public authority shall inform 6.17 the commissioner of public safety that the obligor's driver's 6.18 license or operating privileges should no longer be suspended. 6.19 (f) On January 15, 1997, and every two years after that, 6.20 the commissioner of human services shall submit a report to the 6.21 legislature that identifies the following information relevant 6.22 to the implementation of this section: 6.23 (1) the number of child support obligors notified of an 6.24 intent to suspend a driver's license; 6.25 (2) the amount collected in payments from the child support 6.26 obligors notified of an intent to suspend a driver's license; 6.27 (3) the number of cases paid in full and payment agreements 6.28 executed in response to notification of an intent to suspend a 6.29 driver's license; 6.30 (4) the number of cases in which there has been 6.31 notification and no payments or payment agreements; 6.32 (5) the number of driver's licenses suspended; and 6.33 (6) the cost of implementation and operation of the 6.34 requirements of this section. 6.35 (g) In addition to the criteria established under this 6.36 section for the suspension of an obligor's driver's license, a 7.1 court, a child support magistrate, or the public authority may 7.2 direct the commissioner of public safety to suspend the license 7.3 of a party who has failed, after receiving notice, to comply 7.4 with a subpoena relating to a paternity or child support 7.5 proceeding. Notice to an obligor of intent to suspend must be 7.6 served by first class mail at the obligor's last known address. 7.7 The notice must inform the obligor of the right to request a 7.8 hearing. If the obligor makes a written request within ten days 7.9 of the date of the hearing, a hearing must be held. At the 7.10 hearing, the only issues to be considered are mistake of fact 7.11 and whether the obligor received the subpoena. 7.12 (h) The license of an obligor who fails to remain in 7.13 compliance with an approved payment agreement may be suspended. 7.14 Notice to the obligor of an intent to suspend under this 7.15 paragraph must be served by first class mail at the obligor's 7.16 last known address and must include a notice of hearing. The 7.17 notice must be served upon the obligor not less than ten days 7.18 before the date of the hearing. If the obligor appears at the 7.19 hearing and the judge determines that the obligor has failed to 7.20 comply with an approved payment agreement, the judge shall 7.21 notify the department of public safety to suspend the obligor's 7.22 license under paragraph (c). If the obligor fails to appear at 7.23 the hearing, the public authority may notify the department of 7.24 public safety to suspend the obligor's license under paragraph 7.25 (c). 7.26 (i) When ordering or directing the suspension of a driver's 7.27 license under this subdivision, the court or the public 7.28 authority may order or direct the commissioner of public safety 7.29 to issue the obligor a limited license if: 7.30 (1) the obligor has child support arrears amounting to 7.31 three to six times the obligor's total monthly support 7.32 obligation and the obligor is not in compliance with a payment 7.33 agreement; and 7.34 (2) the obligor's employment, attendance at 7.35 employment-related education or training, or compliance with 7.36 court-ordered parenting time depends upon the use of a driver's 8.1 license. 8.2 Sec. 5. Minnesota Statutes 2000, section 518.6111, is 8.3 amended by adding a subdivision to read: 8.4 Subd. 19. [TIMING OF AUTOMATED ENFORCEMENT REMEDIES.] The 8.5 public authority shall make reasonable efforts to ensure that 8.6 automated enforcement remedies take into consideration the time 8.7 periods allowed under this section. 8.8 Sec. 6. [518.6196] [COLLECTION; REVENUE RECAPTURE.] 8.9 The public authority may submit debt under chapter 270A 8.10 only if the obligor is in arrears in court-ordered child support 8.11 or maintenance payments, or both, in an amount greater than the 8.12 obligor's total monthly support and maintenance payments or if 8.13 the debt has been entered and docketed as a judgment under 8.14 section 548.091, subdivision 2a. 8.15 Sec. 7. Minnesota Statutes 2000, section 518.68, 8.16 subdivision 2, is amended to read: 8.17 Subd. 2. [CONTENTS.] The required notices must be 8.18 substantially as follows: 8.19 IMPORTANT NOTICE 8.20 1. PAYMENTS TO PUBLIC AGENCY 8.21 According to Minnesota Statutes, section 518.551, 8.22 subdivision 1, payments ordered for maintenance and support 8.23 must be paid to the public agency responsible for child 8.24 support enforcement as long as the person entitled to 8.25 receive the payments is receiving or has applied for public 8.26 assistance or has applied for support and maintenance 8.27 collection services. MAIL PAYMENTS TO: 8.28 2. DEPRIVING ANOTHER OF CUSTODIAL OR PARENTAL RIGHTS -- A 8.29 FELONY 8.30 A person may be charged with a felony who conceals a minor 8.31 child or takes, obtains, retains, or fails to return a 8.32 minor child from or to the child's parent (or person with 8.33 custodial or visitation rights), according to Minnesota 8.34 Statutes, section 609.26. A copy of that section is 8.35 available from any district court clerk. 8.36 3. NONSUPPORT OF A SPOUSE OR CHILD -- CRIMINAL PENALTIES 9.1 A person who fails to pay court-ordered child support or 9.2 maintenance may be charged with a crime, which may include 9.3 misdemeanor, gross misdemeanor, or felony charges, 9.4 according to Minnesota Statutes, section 609.375. A copy 9.5 of that section is available from any district court clerk. 9.6
3.4. RULES OF SUPPORT, MAINTENANCE, PARENTING TIME 9.7 (a) Payment of support or spousal maintenance is to be as 9.8 ordered, and the giving of gifts or making purchases of 9.9 food, clothing, and the like will not fulfill the 9.10 obligation. 9.11 (b) Payment of support must be made as it becomes due, and 9.12 failure to secure or denial of parenting time is NOT an 9.13 excuse for nonpayment, but the aggrieved party must seek 9.14 relief through a proper motion filed with the court. 9.15 (c) Nonpayment of support is not grounds to deny parenting 9.16 time. The party entitled to receive support may apply for 9.17 support and collection services, file a contempt motion, or 9.18 obtain a judgment as provided in Minnesota Statutes, 9.19 section 548.091. 9.20 (d) The payment of support or spousal maintenance takes 9.21 priority over payment of debts and other obligations. 9.22 (e) A party who accepts additional obligations of support 9.23 does so with the full knowledge of the party's prior 9.24 obligation under this proceeding. 9.25 (f) Child support or maintenance is based on annual income, 9.26 and it is the responsibility of a person with seasonal 9.27 employment to budget income so that payments are made 9.28 throughout the year as ordered. 9.29 (g) If the obligor is laid off from employment or receives 9.30 a pay reduction, support may be reduced, but only if a 9.31 motion to reduce the support is served and filed with the 9.32 court. Any reduction will take effect only if ordered by 9.33 the court and may only relate back to the time that the 9.34 motion is filed. If a motion is not filed, the support 9.35 obligation will continue at the current level. The court 9.36 is not permitted to reduce support retroactively, except as 10.1 provided in Minnesota Statutes, section 518.64, subdivision 10.2 2, paragraph (c). 10.3 (h) Reasonable parenting time guidelines are contained in 10.4 Appendix B, which is available from the court administrator. 10.5 (i) The nonpayment of support may be enforced through the 10.6 denial of student grants; interception of state and federal 10.7 tax refunds; suspension of driver's, recreational, and 10.8 occupational licenses; referral to the department of 10.9 revenue or private collection agencies; seizure of assets, 10.10 including bank accounts and other assets held by financial 10.11 institutions; reporting to credit bureaus; interest 10.12 charging, income withholding, and contempt proceedings; and 10.13 other enforcement methods allowed by law. 10.14 4.5. PARENTAL RIGHTS FROM MINNESOTA STATUTES, SECTION 518.17, 10.15 SUBDIVISION 3 10.16 Unless otherwise provided by the Court: 10.17 (a) Each party has the right of access to, and to receive 10.18 copies of, school, medical, dental, religious training, and 10.19 other important records and information about the minor 10.20 children. Each party has the right of access to 10.21 information regarding health or dental insurance available 10.22 to the minor children. Presentation of a copy of this 10.23 order to the custodian of a record or other information 10.24 about the minor children constitutes sufficient 10.25 authorization for the release of the record or information 10.26 to the requesting party. 10.27 (b) Each party shall keep the other informed as to the name 10.28 and address of the school of attendance of the minor 10.29 children. Each party has the right to be informed by 10.30 school officials about the children's welfare, educational 10.31 progress and status, and to attend school and parent 10.32 teacher conferences. The school is not required to hold a 10.33 separate conference for each party. 10.34 (c) In case of an accident or serious illness of a minor 10.35 child, each party shall notify the other party of the 10.36 accident or illness, and the name of the health care 11.1 provider and the place of treatment. 11.2 (d) Each party has the right of reasonable access and 11.3 telephone contact with the minor children. 11.4 5.6. WAGE AND INCOME DEDUCTION OF SUPPORT AND MAINTENANCE 11.5 Child support and/or spousal maintenance may be withheld 11.6 from income, with or without notice to the person obligated 11.7 to pay, when the conditions of Minnesota Statutes, section 11.8 518.6111 have been met. A copy of those sections is 11.9 available from any district court clerk. 11.10 6.7. CHANGE OF ADDRESS OR RESIDENCE 11.11 Unless otherwise ordered, each party shall notify the other 11.12 party, the court, and the public authority responsible for 11.13 collection, if applicable, of the following information 11.14 within ten days of any change: the residential and mailing 11.15 address, telephone number, driver's license number, social 11.16 security number, and name, address, and telephone number of 11.17 the employer. 11.18 7.8. COST OF LIVING INCREASE OF SUPPORT AND MAINTENANCE 11.19 Child support and/or spousal maintenance may be adjusted 11.20 every two years based upon a change in the cost of living 11.21 (using Department of Labor Consumer Price Index .........., 11.22 unless otherwise specified in this order) when the 11.23 conditions of Minnesota Statutes, section 518.641, are met. 11.24 Cost of living increases are compounded. A copy of 11.25 Minnesota Statutes, section 518.641, and forms necessary to 11.26 request or contest a cost of living increase are available 11.27 from any district court clerk. 11.28 8.9. JUDGMENTS FOR UNPAID SUPPORT 11.29 If a person fails to make a child support payment, the 11.30 payment owed becomes a judgment against the person 11.31 responsible to make the payment by operation of law on or 11.32 after the date the payment is due, and the person entitled 11.33 to receive the payment or the public agency may obtain 11.34 entry and docketing of the judgment WITHOUT NOTICE to the 11.35 person responsible to make the payment under Minnesota 11.36 Statutes, section 548.091. Interest begins to accrue on a 12.1 payment or installment of child support whenever the unpaid 12.2 amount due is greater than the current support due, 12.3 according to Minnesota Statutes, section 548.091, 12.4 subdivision 1a. 12.5 9.10. JUDGMENTS FOR UNPAID MAINTENANCE 12.6 A judgment for unpaid spousal maintenance may be entered 12.7 when the conditions of Minnesota Statutes, section 548.091, 12.8 are met. A copy of that section is available from any 12.9 district court clerk. 12.10 10.11. ATTORNEY FEES AND COLLECTION COSTS FOR ENFORCEMENT OF 12.11 CHILD SUPPORT 12.12 A judgment for attorney fees and other collection costs 12.13 incurred in enforcing a child support order will be entered 12.14 against the person responsible to pay support when the 12.15 conditions of section 518.14, subdivision 2, are met. A 12.16 copy of section 518.14 and forms necessary to request or 12.17 contest these attorney fees and collection costs are 12.18 available from any district court clerk. 12.19 11.12. PARENTING TIME EXPEDITOR PROCESS 12.20 On request of either party or on its own motion, the court 12.21 may appoint a parenting time expeditor to resolve parenting 12.22 time disputes under Minnesota Statutes, section 518.1751. 12.23 A copy of that section and a description of the expeditor 12.24 process is available from any district court clerk. 12.25 12.13. PARENTING TIME REMEDIES AND PENALTIES 12.26 Remedies and penalties for the wrongful denial of parenting 12.27 time are available under Minnesota Statutes, section 12.28 518.175, subdivision 6. These include compensatory 12.29 parenting time; civil penalties; bond requirements; 12.30 contempt; and reversal of custody. A copy of that 12.31 subdivision and forms for requesting relief are available 12.32 from any district court clerk. 12.33 Sec. 8. Minnesota Statutes 2000, section 519.05, is 12.34 amended to read: 12.35 519.05 [LIABILITY OF HUSBAND AND WIFE.] 12.36 (a) A spouse is not liable to a creditor for any debts of 13.1 the other spouse. Where husband and wife are living together, 13.2 they shall be jointly and severally liable for allnecessary 13.3 medical services that have been furnished to either spouse, and 13.4 necessary household articles and supplies furnished to and used 13.5 by the family. Notwithstanding this paragraph, in a proceeding 13.6 under chapter 518 the court may apportion such debt between the 13.7 spouses. 13.8 (b) Either spouse may close a credit card account or other 13.9 unsecured consumer line of credit on which both spouses are 13.10 contractually liable, by giving written notice to the creditor. 13.11 Sec. 9. Minnesota Statutes 2000, section 609.095, is 13.12 amended to read: 13.13 609.095 [LIMITS OF SENTENCES.] 13.14 (a) The legislature has the exclusive authority to define 13.15 crimes and offenses and the range of the sentences or 13.16 punishments for their violation. No other or different sentence 13.17 or punishment shall be imposed for the commission of a crime 13.18 than is authorized by this chapter or other applicable law. 13.19 (b) Except as provided in section 152.18 or 609.375, or 13.20 upon agreement of the parties, a court may not refuse to 13.21 adjudicate the guilt of a defendant who tenders a guilty plea in 13.22 accordance with Minnesota Rules of Criminal Procedure, rule 15, 13.23 or who has been found guilty by a court or jury following a 13.24 trial. 13.25 (c) Paragraph (b) does not supersede Minnesota Rules of 13.26 Criminal Procedure, rule 26.04. 13.27 Sec. 10. Minnesota Statutes 2000, section 609.375, 13.28 subdivision 1, is amended to read: 13.29 Subdivision 1. [CRIME DEFINED.] Whoever is legally 13.30 obligated to provide care and support to a spouse or child, 13.31 whether or not itsthe child's custody has been granted to 13.32 another, and knowingly omits and fails without lawful excuseto 13.33 do so is guilty of a misdemeanor, and upon conviction may be 13.34 sentenced to imprisonment for not more than 90 days or to 13.35 payment of a fine of not more than $700, or both. 13.36 Sec. 11. Minnesota Statutes 2000, section 609.375, 14.1 subdivision 2, is amended to read: 14.2 Subd. 2. [GROSS MISDEMEANOR VIOLATION.] If the violation14.3 of subdivision 1 continues for a period in excess of 90 days but14.4 not more than 180 days, theA person who violates subdivision 1 14.5 is guilty of a gross misdemeanor and may be sentenced to 14.6 imprisonment for not more than one year or to payment of a fine 14.7 of not more than $3,000, or both, if: 14.8 (1) the violation continues for a period in excess of 90 14.9 days but not more than 180 days; or 14.10 (2) the person is in arrears in court-ordered child support 14.11 or maintenance payments, or both, in an amount equal to or 14.12 greater than six times but less than nine times the person's 14.13 total monthly support and maintenance payments. 14.14 Sec. 12. Minnesota Statutes 2000, section 609.375, 14.15 subdivision 2a, is amended to read: 14.16 Subd. 2a. [FELONY VIOLATION.] If the violation of14.17 subdivision 1 continues for a period in excess of 180 days, the14.18 A person who violates subdivision 1 is guilty of a felony and 14.19 upon conviction may be sentenced to imprisonment for not more 14.20 than two years or to payment of a fine of not more than $5,000, 14.21 or both, if: 14.22 (1) the violation continues for a period in excess of 180 14.23 days; or 14.24 (2) the person is in arrears in court-ordered child support 14.25 or maintenance payments, or both, in an amount equal to or 14.26 greater than nine times the person's total monthly support and 14.27 maintenance payments. 14.28 Sec. 13. Minnesota Statutes 2000, section 609.375, is 14.29 amended by adding a subdivision to read: 14.30 Subd. 2b. [ATTEMPT TO OBTAIN CONTEMPT ORDER AS 14.31 PREREQUISITE TO PROSECUTION.] A person may not be charged with 14.32 violating this section unless there has been an attempt to 14.33 obtain a court order holding the person in contempt for failing 14.34 to pay support or maintenance under chapter 518. This 14.35 requirement is satisfied by a showing that reasonable attempts 14.36 have been made at service of the order. 15.1 Sec. 14. Minnesota Statutes 2000, section 609.375, is 15.2 amended by adding a subdivision to read: 15.3 Subd. 8. [DEFENSE.] It is an affirmative defense to 15.4 criminal liability under this section if the defendant proves by 15.5 a preponderance of the evidence that the omission and failure to 15.6 provide care and support were with lawful excuse. 15.7 Sec. 15. [609.3751] [DISCHARGE AND DISMISSAL.] 15.8 Subdivision 1. [APPLICABILITY.] A person is eligible for a 15.9 discharge and dismissal under this section, if the person: 15.10 (1) has not been previously convicted of a felony under the 15.11 laws of this state or elsewhere; 15.12 (2) has not been previously convicted of a violation of 15.13 section 609.375 or of a similar offense in this state or 15.14 elsewhere; 15.15 (3) has not previously participated in or completed a 15.16 diversion program relating to a charge of violating section 15.17 609.375; and 15.18 (4) has not previously been placed on probation without a 15.19 judgment of guilty for violation of section 609.375. 15.20 Subd. 2. [PROCEDURE.] For a person eligible under 15.21 subdivision 1 who is charged with violating section 609.375, the 15.22 court may after trial or upon a plea of guilty, without entering 15.23 a judgment of guilty and with the consent of the person, defer 15.24 further proceedings and place the person on probation upon such 15.25 reasonable conditions as it may require and for a period not to 15.26 exceed the maximum sentence provided for the violation. At a 15.27 minimum, the conditions must require the defendant to: 15.28 (1) provide the public authority responsible for child 15.29 support enforcement with an affidavit attesting to the 15.30 defendant's present address, occupation, employer, current 15.31 income, assets, and account information, as defined in section 15.32 13B.06; and 15.33 (2) execute a written payment agreement regarding both 15.34 current support and arrearages that is approved by the court. 15.35 In determining whether to approve a payment agreement under 15.36 clause (2), the court shall apply the provisions of chapter 518 16.1 consistent with the obligor's ability to pay. 16.2 Subd. 3. [VIOLATION.] Upon violation of a condition of the 16.3 probation, including a failure to comply with the written 16.4 payment agreement approved by the court under subdivision 2, 16.5 clause (2), the court may enter an adjudication of guilt and 16.6 proceed as otherwise provided in law. 16.7 Subd. 4. [EARLY DISMISSAL.] The court may, in its 16.8 discretion, dismiss the proceedings against the person and 16.9 discharge the person from probation before the expiration of the 16.10 maximum period prescribed for the person's probation but may do 16.11 so only if the full amount of any arrearages has been brought 16.12 current. 16.13 Subd. 5. [DISMISSAL; RECORD.] (a) For purposes of this 16.14 subdivision, "not public" has the meaning given in section 16.15 13.02, subdivision 8a. 16.16 (b) If during the period of probation the person does not 16.17 violate any of the conditions of the probation, then upon 16.18 expiration of the period the court shall discharge the person 16.19 and dismiss the proceedings against that person. Discharge and 16.20 dismissal under this subdivision shall be without court 16.21 adjudication of guilt, but a not public record of it shall be 16.22 retained by the bureau of criminal apprehension for the purpose 16.23 of use by the courts in determining the merits of subsequent 16.24 proceedings against the person. The not public record may also 16.25 be opened only upon court order for purposes of a criminal 16.26 investigation, prosecution, or sentencing. Upon request by law 16.27 enforcement, prosecution, or corrections authorities, the bureau 16.28 shall notify the requesting party of the existence of the not 16.29 public record and the right to seek a court order to open it 16.30 pursuant to this section. The court shall forward a record of 16.31 any discharge and dismissal under this section to the bureau 16.32 which shall make and maintain the not public record of it as 16.33 provided under this section. The discharge or dismissal shall 16.34 not be deemed a conviction for purposes of disqualifications or 16.35 disabilities imposed by law upon conviction of a crime or for 16.36 any other purpose. 17.1 Sec. 16. [EFFECTIVE DATE.] 17.2 Sections 9 to 15 are effective August 1, 2001, and apply to 17.3 all crimes committed on or after that date.