Chap. 416.—An ACT making it a misdemeanor for a husband to desert or
neglect his wife or for a parent to desert or neglect his children; pre-
scribing the penalty therefor, and making provision for the apprehension
and punishment of persons charged with or convicted of non-support;
providing for the taking of recognizances, and for the forfeiture and
enforcement of the same; providing for the appointment of probation
officers, prescribing their duties and powers, and repealing certain acts.

[H B 150]
Approved March 27, 1918.

1. Be it enacted by the general assembly of Virginia, That
any husband who shall, without just cause, desert or wilfully neglect
or refuse to provide for the support and maintenance of his wife;
and any parent who shall desert or wilfully neglect or refuse to pro-
vide for the support and maintenance of his or her male child under
the age of sixteen years, female child under the age of seventeen
years, or child of either sex under the age of twenty-one who is
crippled or otherwise incapacitated for earning a living (he, she or
they being then and there in destitute or necessitous circumstances),
shall be guilty of a misdemeanor, and on conviction thereof, shall be
punished by a fine of not exceeding five hundred dollars, or in the
case of a husband or father be sentenced to the State convict road
force at hard labor for a period of not less than ninety days or more
than twelve months, or both; or in lieu of such fine being imposed,
he or she may be required to suffer a forfeiture of an amount not
exceeding the sum of five hundred dollars and said fine or forfeiture
may be directed by the court to be paid in whole or in part to the
wife or to the guardian, curator, custodian or trustee of the said
minor child or children, or to some discreet person or responsible
organization designated by the court to receive the same.

In the event that the cities or the counties of this State or any
of them shall establish work houses, city farms or work squads on
which prisoners are put to work, persons convicted of non-support
under the provisions of this act may be committed to said farms,
work houses or work squads, instead of to the convict road force.
Persons sentenced to the State convict road force or to a work house
or city farm, under the provisions of this act shall, when released
therefrom, be placed on probation upon the terms and conditions
and in the manner hereinafter prescribed for the probation of ori-
ginal offenders.

It shall be the duty of the board of supervisors of the county, or
of the council or other governing body of the city within the
boundaries of which any work is performed under the provisions of
this act to allow and order payment out of the current funds to the
wife of the prisoner or to the guardian or custodian of his child or
children, at the end of each calendar month, for the support of such
wife, child or children, a sum not less than twenty-five cents nor
more than one dollar for each day’s work performed by such
prisoner.

2. Proceedings under this act may be instituted upon complaint
made under oath or affirmation by the wife or child, or by any
probation officer upon information received, or by any other person

aving knowledge of the facts, against any person accused of either
of the above-named offenses. It shall be the duty of the chief of
police, sheriff or of the probation officer hereinafter provided for in
any city, town or county of the State when, 1n his opinion, a person
in his jurisdiction is guilty of failure to support his family, to bring
such person before the court charged with failure to support his wife
or children.

3. Proceedings under this act shall be had in the circuit courts
of the counties, and before the police justices or corporation courts
of the cities; provided, however, that in cities where such courts shall
be established, the juvenile and domestic relations court shall have
exclusive original jurisdiction in all cases arising under this act.
The person accused shall have the same right of appeal as provided
by law in other similar cases; provided. however, that any order of
court requiring support of wife or children shall remain in full force
and effect until reversed or modified by judgment of a superior court.
In such interim said order shall be enforcible by the court entering
same.

4, Atany time before the trial, upon motion of the complainant.
with notice to the defendant, the court may enter such temporary
order as may seem just, providing for the support of the neglected
wife or children, or both, pendente lite, and may punish for viola-
tion of such order as for contempt.

5. Before the trial, with the consent of the defendant, or at the
trial, on entry of a plea of guilty, or after conviction, instead of im-
posing the penalties hereinbefore provided, or in addition thereto,
the judge or justice, in his discretion, having regard to the circum-
stances of the case and to the financial ability or earning capacity
of the defendant, shall have the power to make an order, which shall
be subject to change by the court from time to time, as circumstances
may require, directing the defendant to pay a certain sum periodi-
cally either directly or through a probation officer to the wife or to
the guardian, curator or custodian of the said minor child or chil-
dren, or to an organization or individual designated by the court as
trustee, and to release the defendant from custody on probation, upon
his or her entering into a recognizance, with or without surety, in
such sum as the court may order and approve. The condition of the
recognizance shall be such that if the defendant shall make his or her
personal appearance in court whenever ordered to do so during the
pendency of any order of support, or any renewal thereof, and shall
further comply with the terms of such order, or of any subsequent
modification thereof, then such recognizance shall be void, other-
wise, in full force and effect. Any order of support entered under
the provisions of this act may be renewed from year to year, so
long as the court may deem it necessary or proper so to do.

6. If at any time the court be satisfied by information and due
proof that the defendant has violated the terms of such order, it
may forthwith proceed with the trial of the defendant under the
original charge, or sentence him or her under the original convic-
tion, or enforce the suspended sentence, or in his discretion may
extend or renew the term of probation, as the case may be. Upon
due proof that the terms of said order have been violated, the court
shall, in any event have the power to declare the recognizance for-
feited, the sum or sums recovered thereon to be paid, in the discre-
tion of the court, in whole or in part to the defendant’s wife, or the
guardian, curator, custodian or trustee of the said minor child or
children, or to an organization or individual designated by the court
to receive the same.

7. Proof of desertion or of neglect of wife, child or children by
any person shall be prima facie evidence that such desertion or
neglect is willful. In no prosecution under this act shall any
existing statute or rule of Jaw prohibiting disclosures of confidential
communications between husband and wife apply, and both husband
and wife shall be competent witnesses to testify against each other
in all relevant matters, including the fact of such marriage and the
parentage of such child or children; provided that neither shall be
compelled to give evidence incriminating himself or herself.

8. Any offense under this act shall be held to have been com-
mitted in any county or city in which such wife, child or children
may be at the time of desertion, or where the accused shall be found
in this State. Whenever the judge or justice within whose juris-
diction such offense is alleged to have been committed shall. after
an investigation of the facts and circumstances thereof, certify that
in his opinion the charge is well founded and the case a proper one
for extradition, or in any case if the cost. of extradition is borne by
the parties interested in the case, the person charged with having
left the State with the intention of evading the terms of his proba-
tion or of abandoning or deserting his wife, child or children or
failing to support them, shall be apprehended and brought back
to the county or city having jurisdiction of the case in accordance
with the law providing for the apprehension and return to this State
of fugitives from justice, and upon conviction punished as herein-
above provided. Proof that a person has left his wife, child or
children in destitute or necessitous circumstances or has contributed
nothing to their support for a period of thirty days prior or sub-
sequent to his departure, shall constitute prima facie evidence of an
intention to abandon his said family.
9. For the purpose of more fully carrying into effect the provi-
sions of this act, probation officers may be appointed as provided
vy chapter three hundred and fifty of the acts of general assembly of
Virginia, nineteen hundred and fourteen, or as may be hereafter
provided by law. .

10. The said probation officer shall ascertain the name and ad-
Iress and such facts in relation to the antecedent history and environ-
ment of the person or persons committed to his charge as may enable
him to determine what corrective measures will be proper in the
case, and shall exercise constant supervision over the conduct of such
person or persons, and make report to the judge or justice whenever
ie shall deem necessary or be required so to do, and he shall use
every effort to encourage and stimulate such person to a reforma-
tion and to effect a reconciliation between estranged couples. When-
ever said chief of police, sheriff or probation officer shall become
satisfied that such person is violating the directions, rules or regula-
tions given or prescribed by the judge or justice, as the case may be,
for his conduct, the said chief of police, sheriff or probation officer
shall have authority to arrect such person without warrant and
carry him before the court or justice, before whom he was first
brought and said court may thereupon proceed as hereinbefore pro-
vided.

11. All acts or parts of acts in conflict with this act are hereby
repealed.