Chap. 262.-An ACT to amend and re-enact section 5 of an act entitled 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; prescribing the penalty therefor, and
making provision for the apprehension and punishment of persons charged with
or convicted of nonsupport; 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, approved March 27, 1918, as heretofore amended. [H B 218]

Approved March 24, 1932

1. Be it enacted by the general assembly of Virginia, That section
five of an act entitled 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; prescribing the penalty therefor, and making provision for
the apprehension and punishment of persons charged with or con-
victed of nonsupport; 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, approved March twenty-seventh, nineteen
hundred and eighteen, as heretofore amended, be amended and re-
enacted so as to read as follows:

Section 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
imposing 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, directing the
defendant to pay a certain sum or a certain percentage of his earnings
periodically, either directly or through the court or a probation officer,
to the wife or to the guardian, curator or custodian of the said minor
child or children, or to an organization or individual designated by the
court as trustee, and to suspend sentence and 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 ap-
prove. The condition of the recognizance shall be such that if the
defendant shall make his or her personal appearance in court upon sucl
date as may be specified by the court, or whenever, in the meantime
he or she may be ordered so to do, and shall further comply with the
terms of such order, or any subsequent modification or amendmen
thereof, then such recognizance shall be void, otherwise in full forc
and effect. Any order of support or amendment thereof entered undet
the provisions of this act shall remain in full force and effect unti
annulled by the court of original jurisdiction, or the court to whict
an appeal may be taken; provided, however, that such order of support
or terms of probation shall be subject to change or modification by the
court from time to time, as circumstances may require, but no suck
change or modification shall effect or relieve the surety of his obliga-
tion under such recognizance, provided notice thereof be forthwith
given to such surety.

Whenever the accused is outside the territorial jurisdiction of the
court, instead of requiring his or her arrest and personal appearance
before the court, the court may allow the accused to accept service of
the process or warrant and enter a written plea of guilty. The court
may thereupon proceed as if the accused were present and enter such
order of support as may be just and proper, requiring the accused to
enter into the recognizance hereinbefore mentioned. For the purposes
of this act the court may authorize the entering into of such recogni-
zance outside the territorial jurisdiction of the court before such official
of the place where the accused or his surety may be and under such
conditions and subject to such stipulations and requirements as the
court may direct and approve. The provisions of this act as to the
entering into of recognizances outside the territorial jurisdiction of the
court shall likewise apply to any renewal of any recognizance hereto-
fore or hereafter entered into in any desertion and nonsupport case.

On all payments made through the court or probation officer, the
court may charge the defendant for collecting and disbursing the same,
a fee of not more than five per centum of the amounts so paid, which
said collection fee shall be in addition to the regular payments made
in pursuance of said order of support. The court or justice shall
monthly account for and pay into the treasury of the city or county
all fees so collected.

The authority of the court to suspend sentences hereunder may be
exercised at any time after conviction and before the completion of
the sentence, and as often as the court may deem advisable and to the
best interests of the parties, provided that such period or periods of
time as may be actually served by the defendant, either on the roads
or while in jail awaiting transfer to the roads, shall be allowed against
and deducted from the original sentence. Any person sentenced here-
ander who, after the completion of such sentence, shall continue in his
failure, without just cause, adequately to support his wife or children,
as the case may be, may again be sentenced, as for a new offense, in
he same manner and under like conditions as herein provided, and so
on from time to time, as often as such failure or failures shall occur.