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H.B. 40
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CRIMINAL NONSUPPORT AMENDMENTS
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Karen W. Morgan
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AN ACT RELATING TO CRIMINAL CODE; MODIFYING CRIME OF CRIMINAL
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NONSUPPORT TO EXPAND THE BASES FOR ENHANCEMENT OF THE OFFENSE TO
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A THIRD DEGREE FELONY AND CLARIFYING THAT IT IS NO DEFENSE THAT THE
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PERSON TO BE SUPPORTED IS NOT NEEDY BECAUSE THAT PERSON IS RECEIVING
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SUPPORT FROM ANOTHER SOURCE.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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76-7-201, as last amended by Chapter 289, Laws of Utah 1995
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-7-201
is amended to read:
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76-7-201. Criminal nonsupport.
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(1) A person commits criminal nonsupport if, having a spouse, a child, or children under
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the age of 18 years, he knowingly fails to provide for the support of the spouse, child, or children
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when any one of them:
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(a) is in needy circumstances; or
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(b) would be in needy circumstances but for support received from a source other than the
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defendant.
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(2) Except as provided in Subsection (3), criminal nonsupport is a class A misdemeanor.
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(3) Criminal nonsupport is a felony of the third degree if the actor:
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(a) has been convicted one or more times of nonsupport, whether in this state, any other
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state, or any court of the United States; [or]
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(b) committed the offense while residing [in another state] outside of Utah; or
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(c) commits the crime of nonsupport in each of six individual months within any 12-month
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period, or the total arrearage is in excess of $10,000.
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(4) For purposes of this section "child" includes a child born out of wedlock whose
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paternity has been admitted by the actor or has been established in a civil suit.
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[(5) In a prosecution under this section, it is no defense that the person to be supported
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received necessary support from a source other than the defendant.]
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[(6)] (5) (a) In a prosecution for criminal nonsupport under this section, it is an affirmative
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defense that the accused is unable to provide support. Voluntary unemployment or
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underemployment by the defendant does not give rise to that defense.
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(b) Not less than 20 days before trial the defendant shall file and serve on the prosecuting
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attorney a notice, in writing, of his intention to claim the affirmative defense of inability to provide
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support. The notice shall specifically identify the factual basis for the defense and the names and
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addresses of the witnesses who the defendant proposes to examine in order to establish the defense.
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(c) Not more than ten days after receipt of the notice described in Subsection (5)(b), or at
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such other time as the court may direct, the prosecuting attorney shall file and serve the defendant
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with a notice containing the names and addresses of the witnesses who the state proposes to
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examine in order to contradict or rebut the defendant's claim.
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(d) Failure to comply with the requirements of Subsection (5)(b) or (5)(c) entitles the
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opposing party to a continuance to allow for preparation. If the court finds that a party's failure to
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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.