H0419aa,aa...................................................by MR. SPEAKER Requested by Department of Health and Welfare CHILD SUPPORT - Amends existing law to increase the age of required child support from sixteen to eighteen years of age. 01/17 House intro - 1st rdg - to printing Rpt prt - to Jud 02/16 Rpt out - to Gen Ord 02/22 Rpt out amen - to engros 02/23 Not engros - to Gen Ord 02/29 Rpt out amen - to engros 03/01 Rpt engros - 1st rdg - to 2nd rdg as amen 03/02 2nd rdg - to 3rd rdg as amen 03/07 3rd rdg as amen - PASSED - 53-0-17 AYES -- Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Crow, Deal, Denney, Field(13), Gagner, Gould, Hadley, Hansen(29), Henbest, Hornbeck, Jaquet, Kellogg, Kendell, Lake, Linford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pomeroy, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Trail, Zimmermann, Mr Speaker NAYS -- None Absent and excused -- Alltus, Clark, Cuddy, Ellsworth, Field(20), Geddes, Hammond, Hansen(23), Jones, Judd, Kempton, Kunz, Pischner, Reynolds, Tilman, Wheeler, Wood Floor Sponsor - Smith Title apvd - to Senate 03/08 Senate intro - 1st rdg as amen - to Health/Wel 03/10 Rpt out - rec d/p - to 2nd rdg as amen 03/13 2nd rdg - to 3rd rdg as amen 03/29 3rd rdg as amen - PASSED - 32-0-3 AYES--Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth, Williams NAYS--None. Absent and excused--Andreason, Dunklin, Stennett Floor Sponsor - Whitworth Title apvd - to House 03/30 To enrol 03/31 Rpt enrol - Sp signed 04/03 Pres signed - to Governor 04/14 Governor signed Session Law Chapter 294 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 419, As Amended, As Amended BY MR. SPEAKER Requested by: Department of Health and Welfare 1 AN ACT 2 RELATING TO SUPPORT OF CHILDREN OR SPOUSE; AMENDING SECTION 18-401, IDAHO 3 CODE, TO INCREASE THE AGE OF REQUIRED SUPPORT TO EIGHTEEN YEARS, TO PRO- 4 VIDE GENDER NEUTRAL REFERENCES AND TO MAKE TECHNICAL CORRECTIONS; AND PRO- 5 VIDING AN EFFECTIVE DATE. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-401, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-401. DESERTION AND NONSUPPORT OF CHILDREN OR WIFESPOUSE. Every person 10 who ,: 11 (1 .) Having any child under the age of sixteeneighteen (1 68) years 12 dependent upon him or her for care, education or support, deserts such child 13 in any manner whatever, with intent to abandon it; 14 (2 .) WilfullyWillfully omits, without lawful excuse, to furnish neces- 15 sary food, clothing, shelter, or medical attendance for his or her child or 16 children, or ward or wards; provided however, that the practice of a parent or 17 guardian who chooses for his child treatment by prayer or spiritual means 18 alone shall not for that reason alone be construed to be a violation of the 19 duty of care to such child; 20 (3 .) Having sufficient ability to provide for his wife'sa spouse's sup- 21 port, or who is able to earn the means for such wife'sspouse's support, who 22 wilfullywillfully abandons and leaves his wifea spouse in a destitute condi- 23 tion, or who refuses or neglects to provide such wifespouse with necessary 24 food, clothing, shelter, or medical attendance, unless by herthe spouse's 25 misconduct he or she is justified in abandoning him or her; 26 Shall be guilty of a felony and shall be punishable by a fine of not more than 27 five hundred dollars ($500), or by imprisonment for not to exceed fourteen 28 (14) years, or both. 29 SECTION 2. This act shall be in full force and effect on and after July 30 1, 2000.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Smith Seconded by Gould IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 419 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 8, delete "WIFE" and insert: 3 " WIFESPOUSE"; in line 18, delete "his wife's" and insert: " his wife'sa 4 spouse's"; in line 19, delete "wife's" and insert: " wife'sspouse's"; in line 5 20, delete "his wife" and insert: " his wifea spouse"; in line 21, delete 6 "wife" and insert: "spouse"; in line 22, delete "her" and insert: " herthe 7 spouse's", also in line 22 following "he" insert: "or she", and also in line 8 22 following "abandoning" insert: "him or". 9 CORRECTIONS TO TITLE 10 On page 1, in line 2, following "CHILDREN" insert: "OR SPOUSE"; in line 3, 11 following "YEARS" insert: ", TO PROVIDE GENDER NEUTRAL REFERENCES". Moved by Smith Seconded by Gould IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO THE AMENDMENT TO H.B. NO. 419 12 AMENDMENT TO THE AMENDMENTS TO SECTION 1 13 On page 1 of the printed amendment, in line 6, delete "spouse" and 14 insert: " wifespouse".
STATEMENT OF PURPOSE RS09318 The current statute only allows an individual to be prosecuted for nonsupport of a child under the age of 16. The statute would be amended to allow prosecutions for non- support until the child is 18 which would make the criminal non-support statute agree with the family law statute that requires a parent to support a child until age 18. FISCAL IMPACT If passed, the Department's costs for legal services may increase because this statute change would create the possibility of increased litigation for criminal non-support of children. CONTACT Name: Tamara Prisock Agency: Dept. of Health and Welfare Phone: 334-5815 Statement of Purpose/Fiscal Impact H0419