Introduced Version






HOUSE BILL No. 1720

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 11-12-11; IC 31-14-12-3; IC 31-16-12-6.

Synopsis: Work release in child support contempt proceedings. Requires a community corrections advisory board or the county probation department of a county that does not participate in a community corrections program to establish a work release program for certain individuals found in contempt of court for failure to pay child support. Requires a court to: (1) find an individual in contempt of court; and (2) order the individual to participate in a work release program; if the individual, as a result of an intentional violation of a child support order, is delinquent by at least four weeks or in an amount exceeding $1,000.

Effective: July 1, 2005.





Buck




    January 19, 2005, read first time and referred to Committee on Courts and Criminal Code.







Introduced

First Regular Session 114th General Assembly (2005)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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HOUSE BILL No. 1720



    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 11-12-11; (05)IN1720.1.1. -->     SECTION 1. IC 11-12-11 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]:
     Chapter 11. Work Release for Delinquent Child Support Payers
    Sec. 1. The:
        (1) community corrections advisory board established under IC 11-12-1-2 in which a county participates; or
        (2) if a county does not participate in a community corrections program, county probation department;
shall establish a work release program for individuals who are found in contempt of court under IC 31-14-12-3(a)(2), IC 31-14-12-3(b)(2), IC 31-16-12-6(a)(2), or IC 31-16-12-6(b)(2).
    Sec. 2. A program established under section 1 of this chapter must:
        (1) provide job training for a program participant who is unemployed upon entry to the program; and
        (2) specify the distribution of funds earned by a program

participant.

SOURCE: IC 31-14-12-3; (05)IN1720.1.2. -->     SECTION 2. IC 31-14-12-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. (a) If the court finds that a party is delinquent as a result of an intentional violation of an order for support, the court:
         (1) may find the party in contempt of court; or
        (2) shall find the party in contempt of court if the party is delinquent:
            (A) by at least four (4) weeks; or
            (B) in an amount exceeding one thousand dollars ($1,000).

    (b) If an action or request to enforce payment of a child support arrearage is commenced not later than ten (10) years after
        (1) the child becomes eighteen (18) years of age or
        (2) the emancipation of the child, whichever occurs first, the court:
         (1) may, upon a request by the person or agency entitled to receive child support arrearages, find a party in contempt of court; or
        (2) shall, upon a request by the person or agency entitled to receive child support arrearages, find the party in contempt of court if the party is delinquent:
            (A) by at least four (4) weeks; or
            (B) in an amount exceeding one thousand dollars ($1,000).

    (c) The court:
         (1) may order a party who is found in contempt of court under this section subsection (a)(1) or (b)(1) to:
            (1) (A) perform community restitution or service without compensation in a manner specified by the court; or
            (2) (B) seek employment; or
        (2) shall order a party who is found in contempt of court under subsection (a)(2) or (b)(2) to participate in a work release program established under IC 11-12-11-1.

SOURCE: IC 31-16-12-6; (05)IN1720.1.3. -->     SECTION 3. IC 31-16-12-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 6. (a) If the court finds that a party is delinquent as a result of an intentional violation of an order for support, the court:
         (1) may find the party in contempt of court; or
        (2) shall find the party in contempt of court if the party is delinquent:
            (A) by at least four (4) weeks; or
            (B) in an amount exceeding one thousand dollars ($1,000).
    (b)
If an action or request to enforce payment of a child support

arrearage is commenced not later than ten (10) years after
        (1) the child becomes eighteen (18) years of age or
        (2) the emancipation of the child, whichever occurs first, the court:
         (1) may, upon a request by the person or agency entitled to receive child support arrearages, find a party in contempt of court; or
        (2) shall, upon a request by the person or agency entitled to receive child support arrearages, find the party in contempt of court if the party is delinquent:
            (A) by at least four (4) weeks; or
            (B) in an amount exceeding one thousand dollars ($1,000).

    (b) (c) The court:
         (1) may order a party who is found in contempt of court under this section subsection (a)(1) or (b)(1) to:
            (1) (A) perform community restitution or service without compensation in a manner specified by the court; or
            (2) (B) seek employment; or
        (2) shall order a party who is found in contempt of court under subsection (a)(2) or (b)(2) to participate in a work release program established under IC 11-12-11-1.