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SF 2712

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 05/16/2014 02:42pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to crime; clarifying the crime of failure to pay court-ordered support;
amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.

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

Section 1.

Minnesota Statutes 2012, section 609.375, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

Whoever is legally obligated to provide deleted text begincare and
deleted text endnew text begin court-ordered new 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 do so 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.

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

Sec. 2.

Minnesota Statutes 2012, section 609.375, subdivision 7, is amended to read:


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 beginchilddeleted text end new text begincourt-orderednew text end support owed. Nonpayment of
deleted text beginchilddeleted text end new text begincourt-orderednew text end support is a violation of any probation granted following conviction
under subdivision 2a.

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

Sec. 3.

Minnesota Statutes 2012, section 609.375, subdivision 8, is amended to read:


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 begincare anddeleted text endnew text begin court-ordered new text end support were with lawful excuse.

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