1     
CRIMINAL NONSUPPORT AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karianne Lisonbee

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Senate Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill makes changes to the crime of criminal nonsupport.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the monetary limits for criminal nonsupport;
13          ▸     makes it a third degree felony if the total arrearage is between $5,000 and $15,000;
14          ▸     makes it a second degree felony if the total arrearage is more than $15,000; and
15          ▸     affirms that criminal nonsupport is a continuing offense.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          76-7-201, as last amended by Laws of Utah 1999, Chapter 89
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 76-7-201 is amended to read:
26          76-7-201. Criminal nonsupport.
27          (1) [A person] An individual commits criminal nonsupport if, having a spouse, a child,
28     or children under the age of 18 years, [he] the individual knowingly fails to provide for the
29     support of the spouse, child, or children when any one of them:
30          (a) is in needy circumstances; or
31          (b) would be in needy circumstances but for support received from a source other than
32     the defendant or paid on the defendant's behalf.
33          (2) Except as provided in [Subsection] Subsections (3) and (4), criminal nonsupport is
34     a class A misdemeanor.
35          (3) Criminal nonsupport is a felony of the third degree if the actor:
36          [(a) has been convicted one or more times of nonsupport, whether in this state, any
37     other state, or any court of the United States;]
38          [(b)] (a) committed the offense while residing outside of Utah; [or]
39          [(c)] (b) commits the crime of nonsupport in each of 18 individual months within any
40     24-month period[,]; or
41          (c) the total arrearage is [in excess of $10,000] or exceeds $5,000 but is not more than
42     $15,000.
43          (4) Criminal nonsupport is a felony of the second degree if the individual:
44          (a) has been convicted of or pled guilty or nolo contendere one or more times to
45     nonsupport, whether in this state, any other state, or any court of the United States; or
46          (b) the total arrearage is or exceeds $15,000.
47          (5) Criminal nonsupport is a continuing offense.
48          [(4)] (6) For purposes of this section "child" includes a child born out of wedlock
49     whose paternity has been admitted by the [actor] individual or has been established in a civil
50     suit.
51          [(5)] (7) (a) In a prosecution for criminal nonsupport under this section, it is an
52     affirmative defense that the accused is unable to provide support. Voluntary unemployment or
53     underemployment by the defendant does not give rise to that defense.
54          (b) Not less than 20 days before trial the defendant shall file and serve on the
55     prosecuting attorney a notice, in writing, of [his] the defendant's intention to claim the
56     affirmative defense of inability to provide support. The notice shall specifically identify the
57     factual basis for the defense and the names and addresses of the witnesses who the defendant
58     proposes to examine in order to establish the defense.
59          (c) Not more than 10 days after receipt of the notice described in Subsection [(5)]
60     (7)(b), or at [such] any other time as the court may direct, the prosecuting attorney shall file and
61     serve the defendant with a notice containing the names and addresses of the witnesses who the
62     state proposes to examine in order to contradict or rebut the defendant's claim.
63          (d) Failure to comply with the requirements of Subsection [(5)] (7)(b) or [(5)] (c)
64     entitles the opposing party to a continuance to allow for preparation. If the court finds that a
65     party's failure to comply is the result of bad faith, it may impose appropriate sanctions.