Chapter 367

2003 -- S 0017 AS AMENDED

Enacted 07/17/03

AN ACT

RELATING TO CRIMINAL OFFENSES -- ABANDONMENT AND NONSUPPORT

Introduced By: Senators Tassoni, Celona, Polisena, Issa, and J Montalbano

Date Introduced: January 14, 2003

It is enacted by the General Assembly as follows:

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

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

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

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

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

thirty ten thousand dollars ($30,000)($10,000), and who shall willfully thereafter, having the

means to do so, fail to pay one three or more installments of child support in an amount

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

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

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

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

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

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

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

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

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

period not to exceed five (5) years.

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

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

($30,000)($10,000) as specified in subsection (a) of this section or those payments or installments

due and owing after a person has failed to pay an installment for a period of three (3) years.

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

12-19-2(b).

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

SECTION 2. This act shall take effect upon passage.     

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LC00190

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