House File 2280      



                                    HOUSE FILE       
                                    BY  WINDSCHITL

                                         A BILL FOR

     1 An Act relating to child support obligations and neglect or
     2    abandonment of a child based on nonsupport, and providing
     3    penalties.
     4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
       TLSB 5506YH (7) 84
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PAG LIN



  1  1    Section 1.  Section 598.21B, subsection 2, paragraph b, Code
  1  2 2011, is amended by adding the following new subparagraph:
  1  3    NEW SUBPARAGRAPH.  (4)  For the purposes of calculating
  1  4 a support obligation under this section, unless otherwise
  1  5 provided in this section, the minimum monthly child support
  1  6 payment established shall be one hundred dollars.
  1  7    Sec. 2.  Section 726.3, Code 2011, is amended to read as
  1  8 follows:
  1  9    726.3  Neglect or abandonment of a dependent person.
  1 10    1.  A person who is the father, mother, or some other person
  1 11 having custody of a child, or of any other person who by
  1 12 reason of mental or physical disability is not able to care
  1 13 for the person's self, who knowingly or recklessly exposes
  1 14 such person to a hazard or danger against which such person
  1 15 cannot reasonably be expected to protect such person's self or
  1 16 who deserts or abandons such person, knowing or having reason
  1 17 to believe that the person will be exposed to such hazard or
  1 18 danger, commits a class "C" felony. However, a parent or
  1 19 person authorized by the parent shall not be prosecuted for a
  1 20 violation of this section involving abandonment of a newborn
  1 21 infant, if the parent or the person authorized by the parent
  1 22 has voluntarily released custody of the newborn infant in
  1 23 accordance with section 233.2.
  1 24    2.  Notwithstanding the amount specified in section 726.5, a
  1 25 person who commits nonsupport pursuant to section 726.5 in an
  1 26 amount greater than two thousand dollars commits abandonment.
  1 27 A person who commits abandonment under this subsection is
  1 28 guilty of a class "C" felony.
  1 29    3.  Notwithstanding the amount specified in section 726.5, a
  1 30 person who commits nonsupport pursuant to section 726.5 in an
  1 31 amount greater than ten thousand dollars commits neglect.  A
  1 32 person who commits neglect under this subsection is guilty of a
  1 33 class "C" felony.  
  1 34                           EXPLANATION
  1 35    This bill relates to child support obligations.
  2  1 The bill provides that for the purposes of calculating a
  2  2 support obligation, unless otherwise provided, the minimum
  2  3 monthly child support payment established is required to be
  2  4 $100.
  2  5    The bill also provides that a person who commits nonsupport
  2  6 of a child or a ward in an amount greater than $2,000 commits
  2  7 abandonment. A person who commits abandonment as specified
  2  8 under the bill is guilty of a class "C" felony.
  2  9    The bill also provides that a person who commits nonsupport
  2 10 of a child or ward in an amount greater than $10,000 commits
  2 11 neglect.  A person who commits neglect as specified under the
  2 12 bill is guilty of a class "C" felony.
  2 13    A class "C" felony is punishable by confinement for no more
  2 14 than 10 years and a fine of at least $1,000 but not more than
  2 15 $10,000.
       LSB 5506YH (7) 84
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