Bill Text: MN HF2602 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Court-ordered child support failure to pay crime clarified.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-05-07 - HF indefinitely postponed [HF2602 Detail]
Download: Minnesota-2013-HF2602-Engrossed.html
1.2relating to crime; clarifying the crime of failure to pay court-ordered support;
1.3amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 609.375, subdivision 1, is amended to read:
1.6 Subdivision 1. Crime defined. Whoever is legally obligated to providecare and
1.7 court-ordered support to a spouse or child, whether or not the child's custody has been
1.8granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor,
1.9and upon conviction may be sentenced to imprisonment for not more than 90 days or to
1.10payment of a fine of not more than $1,000, or both.
1.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.12committed on or after that date.
1.13 Sec. 2. Minnesota Statutes 2012, section 609.375, subdivision 7, is amended to read:
1.14 Subd. 7. Conditions of work release; probation violation. Upon conviction under
1.15this section, a defendant may obtain work release only upon the imposition of an automatic
1.16income withholding order, and may be required to post a bond in avoidance of jail time
1.17and conditioned upon payment of all court-orderedchild support owed. Nonpayment of
1.18 court-ordered child support is a violation of any probation granted following conviction
1.19under subdivision 2a.
1.20EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.21committed on or after that date.
2.1 Sec. 3. Minnesota Statutes 2012, section 609.375, subdivision 8, is amended to read:
2.2 Subd. 8. Defense. It is an affirmative defense to criminal liability under this section
2.3if the defendant proves by a preponderance of the evidence that the omission and failure to
2.4providecare and court-ordered support were with lawful excuse.
2.5EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.6committed on or after that date.
1.3amending Minnesota Statutes 2012, section 609.375, subdivisions 1, 7, 8.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2012, section 609.375, subdivision 1, is amended to read:
1.6 Subdivision 1. Crime defined. Whoever is legally obligated to provide
1.7 court-ordered support to a spouse or child, whether or not the child's custody has been
1.8granted to another, and knowingly omits and fails to do so is guilty of a misdemeanor,
1.9and upon conviction may be sentenced to imprisonment for not more than 90 days or to
1.10payment of a fine of not more than $1,000, or both.
1.11EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.12committed on or after that date.
1.13 Sec. 2. Minnesota Statutes 2012, section 609.375, subdivision 7, is amended to read:
1.14 Subd. 7. Conditions of work release; probation violation. Upon conviction under
1.15this section, a defendant may obtain work release only upon the imposition of an automatic
1.16income withholding order, and may be required to post a bond in avoidance of jail time
1.17and conditioned upon payment of all court-ordered
1.18 court-ordered child support is a violation of any probation granted following conviction
1.19under subdivision 2a.
1.20EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
1.21committed on or after that date.
2.1 Sec. 3. Minnesota Statutes 2012, section 609.375, subdivision 8, is amended to read:
2.2 Subd. 8. Defense. It is an affirmative defense to criminal liability under this section
2.3if the defendant proves by a preponderance of the evidence that the omission and failure to
2.4provide
2.5EFFECTIVE DATE.This section is effective August 1, 2014, and applies to crimes
2.6committed on or after that date.
