PRINTER'S NO. 3026

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2369 Session of 1978


        INTRODUCED BY DORR, SCHWEDER, PRENDERGAST, KOWALYSHYN, RUGGIERO,
           A. C. FOSTER JR., ANDERSON, BITTLE, S. E. HAYES JR., GEESEY,
           PETERSON, LEHR AND SCIRICA, APRIL 12, 1978

        REFERRED TO COMMITTEE ON JUDICIARY, APRIL 12, 1978

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for summary criminal
     3     contempt proceedings for persons who willfully fail to comply
     4     with lawful support orders.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 18 act of November 25, 1970 (P.L.707,
     8  No.230) known as the Pennsylvania Consolidated Statutes, is
     9  amended by adding a section to read:
    10  § 4324.  Willful failure to pay support order.
    11     (a)  Offense defined.-- Any person who has willfully failed
    12  to comply with the support order of any court within this
    13  Commonwealth when he had the ability to do so, shall be guilty
    14  of a summary offense and shall be punished by imprisonment for a
    15  period not exceeding 90 days.
    16     (b)  Application.--This offense shall apply to all support
    17  cases, whether civil or criminal in nature, and whether the
    18  person charged is married, unmarried, separated or divorced.


     1     (c)  Presumption.--Failure to comply with a support order of
     2  any court of record within this Commonwealth at a time when the
     3  defendant was employed or had unencumbered assets equal in value
     4  to more than ten times the amount due on a weekly basis under
     5  the support order shall raise a rebuttable presumption that such
     6  failure was willful unless the defendant has, in writing to the
     7  Domestic Relation Offices of such court within six days of such
     8  failure, requested a rehearing on the matter of the order.
     9     (d)  Jurisdiction.--Exclusive original jurisdiction to hear
    10  the summary offense proceedings under this section shall be
    11  vested in the courts of common pleas of the various counties.
    12     Section 2.  This act shall take effect in 60 days.












    D4L21RZ/19780H2369B3026          - 2 -