BILL NUMBER: SB 1399 CHAPTERED 09/09/02 CHAPTER 410 FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2002 APPROVED BY GOVERNOR SEPTEMBER 6, 2002 PASSED THE SENATE AUGUST 19, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 AMENDED IN ASSEMBLY JUNE 19, 2002 AMENDED IN SENATE APRIL 18, 2002 INTRODUCED BY Senator Romero (Coauthor: Senator Ortiz) (Coauthors: Assembly Members Alquist, Diaz, Strickland, and Strom-Martin) FEBRUARY 13, 2002 An act to add Section 270.6 to the Penal Code, relating to spousal support. LEGISLATIVE COUNSEL'S DIGEST SB 1399, Romero. Spousal support. Existing law provides that in a judgment of dissolution of marriage the court may order a party to pay for the support of the other party an amount, for a period of time, that the court determines is just and reasonable. This bill would provide that a person who has notice of a temporary or permanent order awarding spousal support who leaves the state with the intent to willfully omit, without lawful excuse, to furnish the spousal support is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding $2,000, or by both that imprisonment and fine. By creating a new crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 270.6 is added to the Penal Code, to read: 270.6. If a court of competent jurisdiction has made a temporary or permanent order awarding spousal support that a person must pay, the person has notice of that order, and he or she then leaves the state with the intent to willfully omit, without lawful excuse, to furnish the spousal support, he or she is punishable by imprisonment in a county jail for a period not exceeding one year, a fine not exceeding two thousand dollars ($2,000), or both that imprisonment and fine. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.