HOUSE BILL No. 4826


     June 17, 1999, Introduced by Rep. Hart and referred to the Committee on Family and
Children Services.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 165 (MCL 750.165).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec.  165.  Refusing to support wife or children as

 2     required in decree of separate maintenance or divorce or
                       order of

 3     court--Where in any decree of divorce, or decree of separate

 4     maintenance granted in this state, or by order entered
                       during the

 5     pendency of any such proceedings, if personal service is had
                       upon

 6     the husband or upon the father of any minor child or
                       children,

 7     under the age of 17 years, or such husband or father shall
                       have

 8     entered an appearance in such proceedings either as
                       plaintiff or

 9     defendant, the court shall order such husband to pay any
                       amount

10     to the clerk or friend of the court for the support of any
                       wife

11     or former wife who by reason of any physical or mental
                       affliction


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 1    is unable to support herself, or father to pay any amount to
             the

 2     clerk or friend of the court for the support of such minor
                       child

 3     or children, and said husband or father shall refuse or
                       neglect

 4     to pay such amount at the time stated in such order and
                       shall

 5     leave the state of Michigan, said husband or father shall be

 6     guilty of a felony:  Provided, however, If at any time
                       before

 7     sentence he shall enter into bond to the people of the state
                       of

 8     Michigan, in such penal sum and with such surety or sureties
                       as

 9     the court may fix, conditioned that he will comply with the
                       terms

10     of such order or decree, then the court may suspend sentence

11     therein:  Provided further, That upon failure of such person
                       to

12     comply with said undertaking he may be ordered to appear
                       before

13     the court and show cause why sentence should not be imposed,

14     whereupon the court may pass sentence, or for good cause
                       shown

15     may modify the order and take a new undertaking and further
                       sus-

16     pend sentence as may be just and proper. 

17         (1) IF, IN A JUDGMENT OF DIVORCE OR SEPARATE MAINTENANCE OR

18    IN A TEMPORARY SUPPORT ORDER, THE COURT ORDERS AN INDIVIDUAL TO

19    PAY SUPPORT FOR THE INDIVIDUAL'S FORMER OR CURRENT SPOUSE WHO IS

20    UNABLE TO SUPPORT HIMSELF OR HERSELF BECAUSE OF A PHYSICAL OR

21    MENTAL AFFLICTION, OR FOR A CHILD OF THE INDIVIDUAL AND THE CHILD

22    IS LESS THAN 17 YEARS OLD, AND THE INDIVIDUAL DOES NOT PAY THE

23    SUPPORT IN THE AMOUNT OR AT THE TIME STATED IN THE ORDER, THE

24    INDIVIDUAL IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR

25    NOT MORE THAN 4 YEARS OR BY A FINE OF NOT MORE THAN $2,000.00, OR

26    BOTH.





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 1         (2) THIS SECTION DOES NOT APPLY UNLESS THE INDIVIDUAL

 2    ORDERED TO PAY SUPPORT APPEARED IN, OR RECEIVED NOTICE BY

 3    PERSONAL SERVICE OF, THE ACTION IN WHICH THE SUPPORT ORDER WAS

 4    ISSUED.

 5         (3) THE COURT MAY SUSPEND THE SENTENCE OF AN INDIVIDUAL CON-

 6    VICTED UNDER THIS SECTION IF THE INDIVIDUAL FILES WITH THE COURT

 7    A BOND IN THE AMOUNT AND WITH THE SURETIES THE COURT REQUIRES.

 8    AT A MINIMUM, THE BOND MUST BE CONDITIONED ON THE INDIVIDUAL'S

 9    COMPLIANCE WITH THE SUPPORT ORDER.  IF THE COURT SUSPENDS A SEN-

10    TENCE UNDER THIS SUBSECTION AND THE INDIVIDUAL DOES NOT COMPLY

11    WITH THE SUPPORT ORDER OR ANOTHER CONDITION ON THE BOND, THE

12    COURT MAY ORDER THE INDIVIDUAL TO APPEAR AND SHOW CAUSE WHY THE

13    COURT SHOULD NOT IMPOSE THE SENTENCE AND ENFORCE THE BOND.  AFTER

14    THE HEARING, THE COURT MAY ENFORCE THE BOND OR IMPOSE THE SEN-

15    TENCE, OR BOTH, OR MAY PERMIT THE FILING OF A NEW BOND AND AGAIN

16    SUSPEND THE SENTENCE.

17         Enacting section 1.  This amendatory act does not take

18    effect unless Senate Bill No. _____ or House Bill No. _____

19    (request no. 03398'99) of the 90th Legislature is enacted into

20    law.

















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