[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4861 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4861

To amend title 18, United States Code, to provide penalties for failure 
 to pay certain obligations to spouses and ex-spouses that are similar 
to the penalties imposed for failure to pay child support obligations, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 19, 2004

Mr. Sweeney (for himself and Mrs. Lowey) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to provide penalties for failure 
 to pay certain obligations to spouses and ex-spouses that are similar 
to the penalties imposed for failure to pay child support obligations, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SPOUSAL OBLIGATIONS.

    Chapter 11A of title 18, United States Code, is amended by adding 
at the end the following:
``Sec. 228A. Failure to pay legal spousal obligations
    ``(a) Offense.--Any person who--
            ``(1) willfully fails to pay a court ordered obligation 
        with respect to a spouse or former spouse who resides in 
        another State, if such obligation has remained unpaid for a 
        period longer than 1 year, or is greater than $5,000;
            ``(2) travels in interstate or foreign commerce with the 
        intent to evade a court ordered obligation with respect to a 
        spouse or former spouse, if such obligation has remained unpaid 
        for a period longer than 1 year, or is greater than $5,000; or
            ``(3) willfully fails to pay a court ordered obligation 
        with respect to a spouse or former spouse who resides in 
        another State, if such obligation has remained unpaid for a 
        period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
    ``(b) Presumption.--The existence of an obligation that was in 
effect for the time period charged in the indictment or information 
creates a rebuttable presumption that the obligor has the ability to 
pay the obligation for that time period.
    ``(c) Punishment.--The punishment for an offense under this section 
is--
            ``(1) in the case of a first offense under subsection 
        (a)(1), a fine under this title, imprisonment for not more than 
        6 months, or both; and
            ``(2) in the case of an offense under paragraph (2) or (3) 
        of subsection (a), or a second or subsequent offense under 
        subsection (a)(1), a fine under this title, imprisonment for 
        not more than 2 years, or both.
    ``(d) Mandatory Restitution.--Upon a conviction under this section, 
the court shall order restitution under section 3663A in an amount 
equal to the total unpaid obligation as it exists at the time of 
sentencing.
    ``(e) Venue.--With respect to an offense under this section, an 
action may be inquired of and prosecuted in a district court of the 
United States for--
            ``(1) the district in which the spouse or former spouse who 
        is the subject of the obligation resided during a period during 
        which the person who is alleged to have failed to pay the 
        obligation or traveled with the intent to evade the obligation, 
        allegedly failed to meet that obligation;
            ``(2) the district in which the alleged offender resided 
        during a period described in paragraph (1); or
            ``(3) any other district with jurisdiction otherwise 
        provided for by law.
    ``(f) Definitions.--As used in this section--
            ``(1) the term `Indian tribe' has the meaning given that 
        term in section 102 of the Federally Recognized Indian Tribe 
        List Act of 1994 (25 U.S.C. 479a);
            ``(2) the term `State' includes any State of the United 
        States, the District of Columbia, and any commonwealth, 
        territory, or possession of the United States; and
            ``(3) the term `court ordered obligation to a spouse or 
        former spouse' means any amount determined under a court order 
        pursuant to the law of a State or of an Indian tribe to be due 
        from a person for the support and maintenance of a spouse or 
        former spouse, or as an equitable or other distribution to a 
        spouse or former spouse of assets in connection with a 
        separation or divorce.''.

SEC. 2. CONFORMING AMENDMENT TO TABLE OF SECTIONS.

    The table of sections at the beginning of chapter 11A of title 18, 
United States Code, is amended by adding at the end the following new 
item:

``228A. Failure to pay legal spousal obligations.''.
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