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H0432........................................................by MR. SPEAKER
Requested by: Department of Health and Welfare
CHILD SUPPORT - NONPAYMENT - Amends and adds to existing law to redesignate
code sections and to add to the contempt statute by providing an additional
penalty for failure to pay child support or for interfering with a
visitation order.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Jud
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/23 3rd rdg - PASSED - 56-4-10
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Deal, Ellsworth, Field(20), Gould, Hadley, Hansen, Henbest, Hornbeck,
Jaquet, Jones(20), Judd, Kellogg, Kempton, Kendell, Kjellander, Kunz,
Lake, Linford, Loertscher, Mader, Marley, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Sali, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tippets, Trail,
Watson, Wheeler, Mr Speaker
NAYS -- Barrett, Denney, McKague, Wood
Absent and excused -- Crow, Cuddy, Field(13), Gagner, Geddes,
Jones(9), Jones(22), Schaefer, Tilman, Zimmermann
Floor Sponsor - Hornbeck
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Health/Wel
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 30-2-3
AYES--Andreason, Boatright, Branch, Bunderson, Crow, Danielson,
Darrington, Deide, Dunklin, Frasure, Geddes, Hansen, Ingram, Keough,
King, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--Burtenshaw, Hawkins
Absent and excused--Cameron, Ipsen, Sweeney
Floor Sponsor - King
Title apvd - to House
03/17 To enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed - to Governor
03/19 Governor signed
Session Law Chapter 112
Effective: 07/01/98
H0432|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 432 BY MR. SPEAKER Requested by: Department of Health and Welfare 1 AN ACT 2 RELATING TO CONTEMPTS; AMENDING SECTION 7-612, IDAHO CODE, TO REDESIGNATE THE 3 SECTION AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTIONS 7-613 AND 4 7-614, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMENDING CHAPTER 6, TITLE 5 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-612, IDAHO CODE, TO PRO- 6 VIDE ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCIES; AND AMENDING 7 CHAPTER 6, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-613, 8 IDAHO CODE, TO PROVIDE ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN 9 ORDER PROVIDING VISITATION WITH A MINOR CHILD. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 7-612, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 7-6124 . NONAPPEARANCE OF DEFENDANT. When the 14 warrant of arrest has been returned served, if the person arresteddo15does not appear on the return day, the court or judge may 16 issue another warrant of arrest, or may order the undertaking to be prose- 17 cuted, or both. If the undertaking be prosecuted, the measure of damages in 18 the action is the extent of the loss or injury sustained by the aggrieved 19 party by reason of the misconduct for which the warrant was issued, and the 20 costs of the proceeding. 21 SECTION 2. That Section 7-613, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 7-6135 . EXCUSE FOR NONATTENDANCE -- RESTRAINT 24 OF PERSONAL LIBERTY. Whenever, by the provisions of this chapter, an officer 25 is required to keep a person arrested on a warrant of attachment in custody, 26 and to bring him before a court or judge, the inability, from illness or 27 otherwise, of the person to attend, is a sufficient excuse for not bringing 28 him up; and the officer must not confine a person arrested upon the warrant in 29 a prison, or otherwise restrain him of personal liberty, except so far as may 30 be necessary to secure his personal attendance. 31 SECTION 3. That Section 7-614, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 7-6146 . JUDGMENT IS FINAL. The judgment and 34 orders of the court or judge, made in cases of contempt, are final and conclu- 35 sive. 36 SECTION 4. That Chapter 6, Title 7, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 7-612, Idaho Code, and to read as follows: 2 1 7-612. ADDITIONAL PENALTIES FOR CHILD SUPPORT DELINQUENCY. In addition to 2 the penalties for contempt contained in this chapter, the following additional 3 penalties are available for a child support delinquency: 4 (1) Work activities. In all cases under chapter 2, title 56, Idaho Code, 5 where the custodial parent or children receive temporary assistance for fami- 6 lies in Idaho, and the obligor owes past due support and is not incapacitated, 7 the court may issue an order requiring the obligor to participate in work 8 activities. 9 (2) License suspension. Pursuant to chapter 14, title 7, Idaho Code, the 10 court may issue an order suspending a license for a child support delinquency 11 as defined by section 7-1402, Idaho Code. 12 SECTION 5. That Chapter 6, Title 7, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION , to be 14 known and designated as Section 7-613, Idaho Code, and to read as follows: 15 7-613. ADDITIONAL PENALTIES FOR FAILING TO COMPLY WITH AN ORDER PROVIDING 16 VISITATION WITH A MINOR CHILD. In addition to the penalties for contempt con- 17 tained in this chapter, the court may issue an order suspending a license for 18 failing to comply with an order providing for visitation with a minor child 19 pursuant to chapter 14, title 7, Idaho Code.
STATEMENT OF PURPOSE
RS07304
This bill adds an additional penalty to the contempt statute for failure to pay child support
as required by federal law, and adds a reference to the family law license suspension act.
FISCAL IMPACT
Increased child support collections for TAFI cases of $100,000 annually.
CONTACT
Name: JoAn Silva
Agency: Department of Health and Welfare
Phone: 334-6535
Statement of Purpose/Fiscal Impact
H 432