RD41 - SB1118 - Felony for Nonsupport; Penalty


Executive Summary:
During the 2003 Session of the Virginia General Assembly, Senator L. Louise Lucas introduced Senate Bill 1118 (SB 1118), (*1) relating to the penalty for failure to pay child support. This bill was left in the Senate Courts of Justice Committee, referred by letter to the Virginia State Crime Commission, and subsequently to the Family Violence Sub-Committee (FVS), for further study. As a result of the study effort, staff presented the following policy options for consideration:

• Policy Option 1: Change SB 1118 as drafted to ensure that a Class 6 felony conviction can only be achieved for the second or subsequent violation of Virginia Code § 20-61, and not for two or more contempt violations pursuant to Virginia Code § 16.1-278.16.

• Policy Option 2: Recommend the General Assembly not support the enactment of SB 1118 as drafted.

Recommendation:

The Family Violence Sub-Committee recommended the General Assembly not support the enactment of SB 1118 as drafted. The Virginia State Crime Commission voted to accept the recommendation of the Family Violence Sub-Committee.
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(*1) Senate Bill 1118 (2003). See attachment 1.