Bill
HB 364
84(R) - 2015
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues
Vote Recommendation
Yes
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Neutral
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Neutral
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Positive
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Neutral
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Positive
Author(s)
Harold Dutton Jr.
Bill Caption
Relating to the modification or enforcement of a child support order during the obligor's confinement in jail or prison.
Fiscal Notes
No significant fiscal implication to the State is anticipated.
Bill Analysis
HB 364 would forbid a court from allowing individuals who are sentenced to confinement in jail or prison for at least 90 consecutive days to be found in contempt of court for failure to pay child support as long as they do not have sufficient resources to comply with child support. An exception can be made for offenses constituting an act of family violence or if the initial sentence was resulting from an individual’s failure to comply with a child support order.
Vote Recommendation Notes
Currently, individuals under confinement who are unable to pay child support could be held liable to serve an additional six months in county jail because they have not paid child support, back paid child support, and interest that have accrued while in jail. This bill would attempt to help individuals finish their sentences and give them the possibility to return to the workforce and be financial supporters of their children. This would be an improvement on the current system which perpetuates a cycle of poverty and inability to pay child support due to liabilities mounting during incarceration. We support HB 364 for preserving individual liberty and personal responsibility.