THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MOUL, BARRAR, BOBACK, BOYD, CAUSER, P. COSTA, CUTLER, EVERETT, FARRY, FLECK, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HARHART, HARKINS, HARRIS, HESS, HICKERNELL, KAUFFMAN, M. K. KELLER, LONGIETTI, MARSHALL, MILLER, MILNE, MURT, PETRARCA, RAPP, REICHLEY, SONNEY, TALLMAN, TAYLOR, VULAKOVICH, THOMAS, TOEPEL AND STEPHENS, MARCH 17, 2011

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY  24, 2012   

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further providing for willful failure

to pay support order.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 4354(d) of Title 23 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 4354.  Willful failure to pay support order.

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(d)  Grading.--

(1)  Except as otherwise provided for in paragraph (2),

an offense under this section shall constitute a summary

offense.

(2)  [An offense shall be graded a misdemeanor of the

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third degree if [the individual convicted of the offense

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established residence outside this Commonwealth with the

intention of not complying with the support order and] An

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offense shall be graded as a misdemeanor to which the

individual shall, upon conviction, be sentenced to a term of

imprisonment not to exceed six months and to pay a fine of up

to $2,500 if either of the following apply:

(i)  the offense is a second or subsequent offense

under this section; or

(ii)  the individual owes support in an amount equal

to or greater than 12 months of the monthly support

obligation.

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Section 2.  The amendment of 23 Pa.C.S. § 4354(d) shall apply

to offenses committed on or after the effective date of this

section.

Section 3.  This act shall take effect immediately in 60

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days.