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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 1199, 3785               PRINTER'S NO. 4340

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1027 Session of 2007


        INTRODUCED BY MOUL, MARSICO, STERN, RUBLEY, ARGALL, BASTIAN,
           BEAR, BOYD, CAPPELLI, COX, CREIGHTON, CURRY, CUTLER,
           DePASQUALE, EVERETT, GEIST, GRELL, HENNESSEY, JOSEPHS,
           KAUFFMAN, M. KELLER, KING, MACKERETH, MANTZ, R. MILLER,
           MOYER, MURT, NICKOL, PETRARCA, PETRONE, PICKETT, PYLE, QUINN,
           READSHAW, ROAE, SONNEY, VULAKOVICH, YOUNGBLOOD, LONGIETTI,
           MARSHALL, SIPTROTH, SAYLOR, SCAVELLO AND CALTAGIRONE,
           APRIL 5, 2007

        SENATOR GREENLEAF, JUDICIARY, IN SENATE, AS AMENDED,
           SEPTEMBER 17, 2008

                                     AN ACT

     1  Amending Title 23 (Domestic Relations) of the Pennsylvania
     2     Consolidated Statutes, further providing for willful failure
     3     to pay support order.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 4354 of the Title 23 of the Pennsylvania
     7  Consolidated Statutes is amended to read:
     8  § 4354.  Willful failure to pay support order.
     9     (a)  Offense defined.--An individual who willfully fails to
    10  comply with a support order of a court of this Commonwealth when
    11  the individual has the financial ability to comply with the
    12  support order commits [a summary offense] an offense.
    13     (b)  Application.--This section applies to all support cases,
    14  whether civil or criminal and whether the defendant is married,


     1  unmarried, separated or divorced.
     2     (c)  Jurisdiction.--Exclusive original jurisdiction of a
     3  proceeding under this section is vested in the courts of common
     4  pleas of this Commonwealth.
     5     (d)  Grading.--
     6         (1)  Except as otherwise provided for in paragraph (2),
     7     an offense under this section shall constitute a summary
     8     offense.
     9         (2)  An offense shall be graded a misdemeanor of the
    10     third degree if THE INDIVIDUAL CONVICTED OF THE OFFENSE        <--
    11     ESTABLISHED RESIDENCE OUTSIDE THIS COMMONWEALTH WITH THE
    12     INTENTION OF NOT COMPLYING WITH THE SUPPORT ORDER AND either
    13     of the following apply:
    14             (i)  the offense is a second or subsequent offense
    15         under this section; or
    16             (ii)  the obligor INDIVIDUAL owes support in an        <--
    17         amount equal to or greater than 12 months of the monthly
    18         support obligation.
    19     (e)  Costs and expenses to be borne by individual.--An
    20  individual convicted of an offense under this section who is
    21  apprehended outside this Commonwealth shall, in addition to any
    22  other sentence imposed, be sentenced to pay the costs and
    23  expenses of rendition.
    24     Section 2.  This act shall take effect in 60 days.




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