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MO SB261
Bill
Status
Introduced
2/10/2011
Primary Sponsor
Jack Goodman
Click for details
AI Summary
- Removes the "without good cause" language from the definition of criminal nonsupport for both spouses and parents, making the crime strict liability based on failure to provide adequate support
- Establishes "good cause" as an affirmative defense that the defendant must prove by preponderance of the evidence, shifting the burden to the accused
- Defines "good cause" as any substantial reason for inability to provide support, but excludes cases where the defendant purposely maintains inability to support
- Criminal nonsupport remains a class A misdemeanor, escalating to class D felony if total arrearage exceeds twelve monthly support payments
- Permits work release and parole consideration for nonviolent first- and second-time offenders incarcerated for criminal nonsupport beginning August 28, 2009
Legislative Description
Removes the element of good cause from the crime of nonsupport
Last Action
Voted Do Pass S Judiciary and Civil and Criminal Jurisprudence Committee
4/18/2011
Committee Referrals
Judiciary And Civil And Criminal Jurisprudence2/17/2011
Full Bill Text
No bill text available