2012 -- H 7174

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LC00645

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO CRIMINAL OFFENSES -- FAILURE TO PAY CHILD SUPPORT

     Introduced By: Representative Peter J. Petrarca

     Date Introduced: January 18, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 11-2-1.1 of the General Laws in Chapter 11-2 entitled

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"Abandonment and Nonsupport" is hereby amended to read as follows:

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     11-2-1.1. Failure to pay child support. -- (a) Every person who is obligated to pay child

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support pursuant to an order or decree established by or registered with the family court pursuant

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to chapter 11 of title 15, who has incurred arrearage of past-due child support in the amount of ten

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thousand dollars ($10,000) five thousand dollars ($5,000), and who shall willfully thereafter,

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having the means to do so, fail to pay three (3) or more installments of child support in an amount

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previously set by the court, according to the terms previously set by the court, shall be guilty of a

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felony for each instance of failure to make the subsequent payments and upon conviction shall be

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punished by imprisonment for a period not to exceed five (5) years.

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      (b) Every person who has for a period of three (3) years willfully failed to pay any

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installments of child support in an amount previously set by the court, according to the terms

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previously set by the court, and who shall thereafter, having the means to do so, fail to pay three

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(3) or more installments of child support in an amount previously set by the court, according to

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the terms previously set by the court, shall be guilty of a felony for each instance of failure to

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make the subsequent payments and upon conviction shall be punished by imprisonment for a

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period not to exceed five (5) years.

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      (c) For purposes of this section, "subsequent payments" means those payments or

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installments due and owing after a person has incurred an arrearage of ten thousand dollars

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($10,000) five thousand dollars ($5,000) as specified in subsection (a) of this section or those

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payments or installments due and owing after a person has failed to pay an installment for a

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period of three (3) years.

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      (d) The court may in its discretion direct that the sentence be served pursuant to section

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12-19-2(b).

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      [See section 12-1-15 of the General Laws.]

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     SECTION 2. This act shall take effect upon passage.

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LC00645

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO CRIMINAL OFFENSES -- FAILURE TO PAY CHILD SUPPORT

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     This act would decrease the amount of child support arrearage constituting a felony from

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ten thousand dollars ($10,000) to five thousand dollars ($5,000).

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     This act would take effect upon passage.

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LC00645

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