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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 475
BY SENATOR QUINN
CRIME/PUNISHMENT. Provides relative to failure to pay child support obligation.
(8/15/10)
AN ACT1
To amend and reenact R.S. 14:75(B) and (C)(1), (2), (3) and (4), relative to the crime of2
failure to pay child support obligation; to provide for elements of the crime; to3
provide for penalties; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 14:75(B) and (C)(1), (2), (3), and (4) are hereby amended and6
reenacted to read as follows: 7
ยง75. Failure to pay child support obligation8
* * *9
B. It shall be unlawful for any obligor to intentionally fail to pay a support10
obligation for any child who resides in the state of Louisiana, if such obligation has11
remained unpaid for a period longer than one year or is greater than five thousand12
dollars.13
C.(1) For a first offense when the obligor is more than thirty days late, the14
penalty for failure to pay a legal child support obligation shall be a fine of not more15
than five hundred dollars or imprisonment for not more than six months, or both. no16
less than five percent and no more than fifty percent of the outstanding child17 SB NO. 475
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support obligation. Additionally, the court may order imprisonment for not1
more than six months, which may include home incarceration for the purpose2
of allowing the obligor to work.3
(2) For a second or subsequent offense which occurs within twelve months4
of a first offense as set forth in Paragraph (C)(1) of this Section, whether or not5
previously adjudicated as a first offense, the penalty for failure to pay a legal child6
support obligation shall be a fine of not more than twenty-five hundred dollars or7
imprisonment with or without hard labor for not more than two years, or both. not8
less than ten percent and not more than one hundred percent of the outstanding9
child support obligation. Additionally, the court may order imprisonment with10
or without hard labor for not more than two years. 11
(3) For a third or subsequent offense which occurs within twenty-four12
months of a first and second offense as set forth in Paragraph (C)(1) of this13
Section, whether or not previously adjudicated as a first or second offense, the14
penalty for failure to pay a legal child support obligation shall be a fine of not15
less than fifteen percent of the outstanding child support obligation.16
Additionally, the court shall order imprisonment with or without hard labor for17
not less than ten days nor more than two years.18
(3) (4) Upon a conviction under this statute, the court shall order restitution19
in an amount equal to the total unpaid support obligation as it exists at the time of20
sentencing.21
(4) In any case in which restitution is made prior to the time of sentencing,22
the court may suspend all or any portion of the imposition or execution of the23
sentence otherwise required in this Subsection.24
* * *25 SB NO. 475
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument was prepared by Michael Bell. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Nancy Vicknair.
DIGEST
Quinn (SB 475)
Present law creates the "Deadbeat Parent's Punishment Act of Louisiana" and provides that
it will be unlawful for any obligor to intentionally fail to pay a support obligation for any
child who resides in the state of Louisiana, if such obligation has remained unpaid for a
period longer than one year or is greater than $5,000.
Proposed law retains present law but deletes requirement that the obligation remain unpaid
for a period longer than one year or greater than $5,000.
Present law provides that on a first offense, the penalty for failure to pay a legal child
support obligation is a fine of not more than $500 or imprisonment for not more than six
months, or both.
Proposed law provides that on a first offense, when the obligor is more than 30 days late, the
penalty for failure to pay a legal child support obligation will be a fine of no less than 5%
and no more than 50% of the outstanding child support obligation. Additionally, the court
may order imprisonment for not more than six months, which may include home
incarceration for the purpose of allowing the obligor to work.
Present law provides that on a second or subsequent offense, the penalty for failure to pay
a legal child support obligation will be a fine of not more than $2,500 or imprisonment with
or without hard labor for not more than two years, or both.
Proposed law provides that on a second or subsequent offense, which occurs within 12
months of a first offense, whether or not previously adjudicated as a first offense, the penalty
for failure to pay a legal child support obligation will be a fine of not less than 10% and not
more than 100% of the outstanding child support obligation and the deadbeat parent will be
imprisoned with or without hard labor for not more than 2 years.
Proposed law provides that for a third or subsequent offense which occurs within 24 months
of a first and second offense, whether or not previously adjudicated as a first or second
offense, the penalty for failure to pay a legal child support obligation will be a fine of not
less than 15% of the outstanding child support obligation. Further provides that the court
will order imprisonment with or without hard labor for not less than 10 days nor more than
2 years.
Effective August 15, 2010.
(Amends R.S. 14:75(B) and (C)(1),(2),(3) and (4))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Adds 30-day time frame of delinquency to make first offense penalty
applicable.
2. Changes the penalties for first offense nonpayment of child support
obligations from a fine of not more than $500 or imprisonment for not more
than 6 months to a fine of not less than 5% and not more than 100% of the SB NO. 475
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child support obligation.
3. Adds 12-month and 24-month time frames for penalties for multiple offenses
to be applicable.
4. Changes the penalties for second and subsequent offenses of nonpayment of
child support obligations from not more than $2,500 or imprisonment for not
more than 2 years, or both to not less than 10% and no more than 100% of
the outstanding child support obligation.
5. Deletes proposed law award of attorney fees.
6. Authorizes imprisonment for second or subsequent offenses to not more than
2 years.
7. Adds provisions for third or subsequent offenses.
8. Deletes the provision authorizing suspension of any portion of a sentence if
restitution is made prior to the time of sentencing.