CHAPTER 481

An Act to amend and reenact §§ 20-61 as amended, 20-62, 20-63 and 20-88
as amended of the Code of Virginia, relating to desertion or nonsupport
of wife, children and parents in certain circumstances, punishment
therefor, forfeitures, commitment to certain penal institutions and
payment of certain funds for the support of such dependents.

(S 73]

Approved April 5, 1954
Be it enacted by the General Assembly of Virginia:

1. That § 20-61, as amended, §§ 20-62, 20-63 and 20-88 as amended, of
the Code of Virginia be amended and reenacted as follows:

§ 20-61. Desertion or nonsupport of wife or children in * necessitous
circumstances.— Any husband who without just cause deserts or wilfully
neglects or refuses or fails to provide for the support and maintenance of
his wife, and any parent who deserts or wilfully neglects or refuses or fails
to provide for the support and maintenance of his or her * child under the
age of seventeen years, or child * of whatever age who is crippled or other-
wise incapacitated for earning a living, the wife, child or children being
then and there in * necessitous circumstances, shall be guilty of a mis-
demeanor and upon conviction shall be punished by a fine of not exceeding
five hundred dollars, or confinement in jail not exceeding six months, 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 nor more than
twelve months or both; or in lieu of the fine or confinement being imposed
he or she may be required to suffer a forfeiture of an amount not exceeding
the sum of one thousand dollars, and the 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 minor child or children, or to some
discreet person or responsible organization designated by the court to
receive it.

§ 20-62. Commitment to workhouse, city farm or work squad for
such desertion.—In the event that the cities or counties of this State or any
of them establish workhouses, city farms or work squads on which prison-
ers are put to work, persons convicted of nonsupport under the provisions
of this chapter may be committed to the farms, workhouses or work
squads instead of to the convict road force. Persons sentenced to jail or to
the State convict road force or to a workhouse or city farm under the pro-
visions of this chapter shall be returned, when released, to the court or
justice which exercised original jurisdiction in the case and by that court
or justice may be placed on probation upon the terms and conditions and in
ue manster prescribed by law for the probation of original offenders in
such cases.

§ 20-63. Support payments by county, city or State Highway Com-
missioner.— (a) It shall be the duty of the governing body of the county
or city within the boundaries of which any work is performed under the
provisions of this chapter to allow and order payment at the end of each
calendar month, out of the current funds of the county or city, to the court
which originally sentenced the prisoner for the support of his wife or child
or children, a sum not less than * five nor more than * fifteen dollars for
each * week in the discretion of the court during any part of which any
work is so performed by such prisoner.

(b) If the prisoner be sentenced to the State convict road force the
sum or sums provided for in paragraph (a) shall be paid by the State High-
way Commissioner out of the funds provided for the construction and main-
tenance of the public roads * and such payments shall begin when such
prisoner 1s admitted to the State convict road force.

§ 20-88. Support of parents by children.—lIt shall be the joint and
several duty of all persons sixteen years of age or over, of sufficient earn-
ing capacity or income, after reasonably providing for his own immediate
family, to provide or assist in providing for the support and maintenance
of his or her mother or aged or infirm father, he or she being then and
there in * necessitous circumstances.

If there be more than one person bound to support the same parent or
parents, the persons so bound to support shall jointly and severally share
equitably in the discharge of such duty. Taking into consideration the
needs of the parent or parents and the circumstances affecting the ability
of each person to discharge the duty of support, the court having juris-
diction shall have the power to determine and order the payment, by such
person or persons so bound to support, of that amount for support and
maintenance which to the court may seem just. Where the court ascertains
that any person has failed to render his proper share in such support and
maintenance it may, upon the complaint of any party or on its own motion,
compel contribution by that person to any person or authority which has
theretofore contributed to the support or maintenance of the parent or
parents. The court may from time to time revise the orders entered by it
or by any other court having jurisdiction under the provisions of this
section, in such manner as to it may seem just.

Where such courts have been or shall be established, the juvenile and
domestic relations court shall have exclusive original jurisdiction in ali
cases arising under this section. Where no such courts have been estab-
lished, jurisdiction for the enforcement of this section shall be vested in
the corporation or hustings courts in cities and in the circuit courts of the
counties. The person accused, or whose estate is to be subjected, shall have
the same right of appeal as is provided by law in other cases.

All proceedings under this section shall conform as nearly as possible
to the proceedings under the other provisions of this chapter, and the
other provisions of this chapter shall apply to cases arising under this
section in like manner as though they were incorporated in this section.
Prosecutions under this section shall be in the jurisdiction where the parent
or parents reside.

Any person violating the provisions of this section shall be guilty of
a misdemeanor, and on conviction thereof shall be punished by a fine not
exceeding five hundred dollars or imprisonment in jail for a period not
exceeding twelve months, or both.