04/25/1994 04:30 PM Senate JUD

 SENATOR TAYLOR brought  CSHB 362(HES) am  (CHILD SUPPORT:                     
 CRIMINAL/CIVIL REMEDIES) before the committee as the next order of            
 business.                                                                     
                                                                               
 PHIL PETRI, Chief Operations Officer, Child Support Enforcement               
 Agency, Department of Revenue, explained the legislation has two              
 purposes.  The first part is a change to the statute of limitations           
 to extend them to a reasonable period of time so that they aren't             
 always going back into court to establish a judgement.  Right now,            
 they would have to do that approximately twice in the lifetime of             
 a normal child assuming 18 because there is a 10-year statute of              
 limitations.  The second part is to establish a new crime of aiding           
 and abetting and will deal with individuals that willfully and                
 intentionally change the official record or asset into someone                
 else's name, or they set up shell corporations, businesses to avoid           
 paying child support.                                                         
                                                                               
 Number 560                                                                    
                                                                               
 SENATOR TAYLOR thought using the word "person on lines 19, 20 and             
 21 was rather vague language because sometimes it is referring to             
 the "donor" and sometimes it is referring to the "donee."                     
                                                                               
 TAPE 94-40, SIDE B                                                            
                                                                               
 SENATOR DONLEY commented that the problem is with the specific                
 intent necessary to trigger existence of a crime.  It would be                
 better to resolve that question now rather than leave it up to a              
 court later.                                                                  
                                                                               
 Number 100                                                                    
                                                                               
 SENATOR DONLEY asked if the lack of the transferor's intent to                
 avoid paying support or the transferee's intent to assist the                 
 transferor's attempt to avoid paying support could be a defense.              
 PHIL PETRI answered that if neither intended it to avoid the                  
 payment of child support, the answer would be "No."  They do not              
 want that to be a crime.  He added that he would like to have the             
 bill worded in such a manner that it has the least amount of                  
 challenges available.                                                         
                                                                               
 Number 180                                                                    
                                                                               
 SENATOR LITTLE moved the following amendment:                                 
                                                                               
 Page 2, lines 7, 11, 14, 18 & 21:  Change "person" to "obligor"               
                                                                               
 Page 2, line 19:  Change "person's" to "obligor's"                            
                                                                               
 Hearing no objection, the amendment was adopted.                              
                                                                               
 Number 195                                                                    
                                                                               
 SENATOR DONLEY moved the following amendment to be inserted by the            
 bill drafter where appropriate:  "The lack of the obligor's intent            
 to avoid paying support, or the transferee's intent to assist the             
 obligor in avoiding paying support, is not a defense.  (The intent            
 of this amendment was approved prior to the restatement of the                
 amendment by Senator Donley.)  Hearing no objection, the amendment            
 was adopted.                                                                  
                                                                               
 Number 240                                                                    
                                                                               
 SENATOR TAYLOR stated a committee substitute would be prepared and            
 the legislation would be back before the committee in the near                
 future for further action.