SCS SB 140 -- CRIMINAL NONSUPPORT

SPONSOR:  Smith (Jones, 89)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
General Laws by a vote of 11 to 0.

This substitute allows criminal nonsupport courts to be
established by any circuit court to provide an alternative for
the criminal disposal of criminal nonsupport cases.  The court
must combine judicial supervision, substance abuse treatment,
education, vocational or employment training, and support payment
plans.  Charges and penalties may be reduced or modified based
upon the successful completion of the program or support payment
plan.  Courts may place incarcerated persons on work release
subject to conditions mandating payment of child support and any
arrearage.  The substitute establishes a 10-member Criminal
Nonsupport Courts Coordinating Commission to coordinate and
allocate resources through the newly created Criminal Nonsupport
Court Resources Fund to assist circuit courts.  Beginning
August 28, 2009, every nonviolent first- and second-time offender
incarcerated for criminal nonsupport, who has not previously been
placed on probation or parole, may be considered for parole or
work release.

The penalty for criminal nonsupport will be a class A misdemeanor
unless the total arrearage is in excess of the total of 12
monthly payments in which case it will be a class D felony.
Individuals on probation and parole for criminal nonsupport may
be ordered to make child support payments or have their probation
or parole revoked and an appropriate sentence imposed.  The
affirmative defense of inability to provide support must be
proven by a preponderance of the evidence.

FISCAL NOTE:  Estimated Income on General Revenue Fund of Up to
$1,450,086 in FY 2010, Up to $1,493,589 in FY 2011, and Up to
$1,538,396 in FY 2012.  No impact on Other State Funds in FY
2010, FY 2011, and FY 2012.

PROPONENTS:  Supporters say that Missouri currently incarcerates
thousands of fathers for criminal nonsupport and these felony
convictions result in the total inability of the fathers to pay
child support.  It is reasonable to modify support requirements
based on the ability of fathers to pay.  The program requires
agreement by the prosecutor.

Testifying for the bill were Senator Smith; Missouri Association
of Prosecuting Attorneys; Missouri Office of Prosecution
Services; Judicial Conference of Missouri; Fathers Support
Center; Holly Finch; Richard Pearce; and Dexter Moorehead.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am