H.R. 610

Jane's Law

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Contents

I

111th CONGRESS

1st Session

H. R. 610

IN THE HOUSE OF REPRESENTATIVES

January 16, 2009

Mr. Wexler (for himself, Ms. Baldwin, Mr. Bishop of Georgia, Ms. Bordallo, Mr. Burton of Indiana, Mr. Crowley, Mr. Filner, Mr. Hastings of Florida, Mr. Lewis of Georgia, Mrs. Lowey, Mrs. Maloney, Mr. George Miller of California, Mr. Moore of Kansas, Mr. Nadler of New York, Mr. Payne, Mr. Sires, Ms. Watson, Mr. Weiner, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes.

1.

Short title

This Act may be cited as the Jane’s Law.

2.

Spousal obligations

(a)

In General

Chapter 11(A) of title 18, United States Code, is amended by adding at the end the following:

3.

Failure to pay legal spousal court-ordered property distribution

(a)

Offense

Whoever knowingly, travels in interstate or foreign commerce, with the intent to evade compliance with a court ordered property distribution as part of a separation or divorce settlement involving more than $5,000, with respect to a spouse or former spouse, shall be fined under this title or imprisoned for not more than two years or both.

(b)

Mandatory Restitution

Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid property distribution.

(c)

Definition

The term court ordered property distribution 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 spouse or former spouse as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce.

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(b)

Conforming amendment to table of sections

The table of sections at the beginning of chapter 11(A) 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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