H.B. 40

1

CRIMINAL NONSUPPORT AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Karen W. Morgan
5 AN ACT RELATING TO CRIMINAL CODE; MODIFYING CRIME OF CRIMINAL
6 NONSUPPORT TO EXPAND THE BASES FOR ENHANCEMENT OF THE OFFENSE TO
7 A THIRD DEGREE FELONY AND CLARIFYING THAT IT IS NO DEFENSE THAT THE
8 PERSON TO BE SUPPORTED IS NOT NEEDY BECAUSE THAT PERSON IS RECEIVING
9 SUPPORT FROM ANOTHER SOURCE.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 76-7-201, as last amended by Chapter 289, Laws of Utah 1995
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 76-7-201 is amended to read:
15 76-7-201. Criminal nonsupport.
16 (1) A person commits criminal nonsupport if, having a spouse, a child, or children under
17 the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children
18 when any one of them:
19 (a) is in needy circumstances; or
20 (b) would be in needy circumstances but for support received from a source other than the
21 defendant S OR PAID ON THE DEFENDANT'S BEHALF s .
22 (2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
23 (3) Criminal nonsupport is a felony of the third degree if the actor:
24 (a) has been convicted one or more times of nonsupport, whether in this state, any other
25 state, or any court of the United States; [or]
26 (b) committed the offense while residing [in another state] outside of Utah; or
27 (c) commits the crime of nonsupport in each of h [ six ] EIGHTEEN h individual months
27a within any h [ 12 -] 24 h month

28 period, or the total arrearage is in excess of $10,000.
29 (4) For purposes of this section "child" includes a child born out of wedlock whose
30 paternity has been admitted by the actor or has been established in a civil suit.
31 [(5) In a prosecution under this section, it is no defense that the person to be supported
32 received necessary support from a source other than the defendant.]
33 [(6)] (5) (a) In a prosecution for criminal nonsupport under this section, it is an affirmative
34 defense that the accused is unable to provide support. Voluntary unemployment or
35 underemployment by the defendant does not give rise to that defense.
36 (b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting
37 attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide
38 support. The notice shall specifically identify the factual basis for the defense and the names and
39 addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
40 (c) Not more than ten days after receipt of the notice described in Subsection (5)(b), or at
41 such other time as the court may direct, the prosecuting attorney shall file and serve the defendant
42 with a notice containing the names and addresses of the witnesses who the state proposes to
43 examine in order to contradict or rebut the defendant's claim.
44 (d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the
45 opposing party to a continuance to allow for preparation. If the court finds that a party's failure to
46 comply is the result of bad faith, it may impose appropriate sanctions.




Legislative Review Note
as of 12-8-98 11:16 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel