PRINTER'S NO. 527
No. 489 Session of 2001
INTRODUCED BY MAITLAND, FLEAGLE, GEIST, ROSS AND TIGUE,
FEBRUARY 6, 2001
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 6, 2001
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of criminal
3 nonsupport.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 4304.1. Criminal nonsupport.
9 (a) Offense defined.--A person commits an offense of
10 criminal nonsupport when, being subject to a support order, he
11 or she is delinquent in meeting, as and when due, the full
12 obligation established by such support order and has been so
13 delinquent for a period of four months or more.
14 (b) Grading.--An offense under subsection (a) constitutes a
15 misdemeanor of the first degree. However, where at least one of
16 the aggravating factors found in subsection (c) is present, an
17 offense under subsection (a) constitutes a felony of the third
18 degree.
1 (c) Aggravating factors.--The following shall be aggravating
2 factors:
3 (1) the person has previously been convicted of criminal
4 nonsupport;
5 (2) the person has been delinquent in meeting, as and
6 when due, the full obligation established by such support
7 order for eight consecutive months; or
8 (3) the arrearage is $10,000, or more.
9 (d) Affirmative defenses.--In any prosecution for criminal
10 nonsupport, it is an affirmative defense that the accused
11 either:
12 (1) has fully complied with a support order that was in
13 effect for the support of the subject person during the time
14 period of the offense charged; or
15 (2) was unable to pay or provide support, but the
16 accused's inability to pay or provide support must be the
17 result of circumstances over which he or she had no control.
18 Unemployment or underemployment with justifiable excuse shall
19 constitute a defense to any prosecution for criminal
20 nonsupport. Justifiable excuse may be established where the
21 accused has been involuntarily terminated from his or her
22 employment or otherwise had his or her income involuntarily
23 reduced and is diligently and in good faith seeking
24 reasonably appropriate employment opportunities under all the
25 circumstances or pursuing self-employment.
26 (e) Procedure.--The following are applicable in any
27 proceeding under the authority of this section:
28 (1) It is not a defense to a charge of criminal
29 nonsupport that the person to be supported received support
30 from a source other than the accused.
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1 (2) In any prosecution for criminal nonsupport, payment
2 records maintained by a court or an administrative agency
3 through which a support order is payable are prima facie
4 evidence of the support paid or unpaid and the accrued
5 arrearages.
6 (3) A privilege against disclosure of confidential
7 communications between spouses does not apply to a
8 prosecution for criminal nonsupport and either spouse shall
9 be competent to testify against the other as to any and all
10 relevant matters.
11 (4) No civil proceeding in any court or administrative
12 agency shall be a bar to a prosecution for criminal
13 nonsupport.
14 (5) The court, in its discretion, may order that any
15 fine upon conviction for criminal nonsupport be paid for the
16 support of the person entitled to support in accordance with
17 the support order.
18 (6) The court shall order any person convicted of
19 criminal nonsupport to make restitution to the person
20 entitled to support. The amount of restitution is the
21 arrearages that accrued under a support order during the time
22 period for which the person was convicted of criminal
23 nonsupport, reduced by the amount of any fine redirected by
24 the court in accordance with the support order under
25 paragraph (5).
26 (f) Definitions.--As used in this section, the following
27 words and phrases shall have the meanings given to them in this
28 subsection:
29 "Child." Any child, whether over or under the age of
30 majority, with respect to whom a support order exists.
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1 "Support order." A judgment, decree or order, whether
2 temporary, final or subject to modification, whether incidental
3 to a pending divorce, for the benefit of a child, a spouse or a
4 former spouse, which provides for monetary support, health care,
5 arrearages or reimbursement. The term includes related costs and
6 fees, interest, income withholding, attorney fees and other
7 relief.
8 Section 2. This act shall take effect in 60 days.
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