Chap. 485.—An ACT to amend and re-enact an act entitled an act making it
a misdemeanor for a huband 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 non-support; providing for the taking of recognizance,
and for the forfeiture and enforcement of the same; providing for the ap-
pointment of probation officers, prescribing their duties and aia and
repealing certain acts, approved March 27, 1918. [S B 90]

Approved March 27, 1922.

1. Be it enacted by the general assembly of Virginia, That 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 provisions for the ap-
prehension 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 appoint-
ment of probation officers, prescribing their duties and powers, and
repealing certain acts, approved March twenty-seventh, nineteen hun-
dred and eighteen, be amended and re-enacted so as to read as follows:

Sec. 1. Any husband who shall, without just cause, desert or will-
fully neglect or refuse or fail to provide for the support and main-
tenance of his wife, and any parent who shall desert or wilfully
neglect or refuse or fail to provide 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 of whatever
age who is crippled or otherwise incapacitated for earning a living,
(such wife, child or children 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 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 counties of this State or any of
them shall establish workhouses, city farms, or work squads on which
prisoners are put to work, persons convicted of nonsupport 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 workhouse or city
farm, under the provisions of this act, shall when released therefrom,
be returned to the court or justice having exercised original juris-
diction in the case and by said court or justice be placed on probation
upon the terms and conditions and in the manner hereinafter Bren
scribed for the probation of original 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 boun-
daries of which any work is performed under the provisions of this
act to allow and order payment, at the end of each calendar month,
out of the current funds of said county or city, to the court which
originally sentenced such prisoner for the support of the wife of such
prisoner a sum not less than fifty cents nor more than one dollar
for each day’s work performed by such prisoner, and twenty-five
cents per day additional for each child coming within the provisions
of this act, but in no event shall the amount paid to such wife and
children exceed one dollar and seventy-five cents per day. In the
event that no wife is included in the order of support, payments here-
under for the support of a child or children of such prisoner shall
be made to the said court at the rate of not less than fifty cents nor
more than one dollar for the first child and twenty-five cents for each
additional child, provided that the total amount so paid shall not
exceed one dollar and seventy-five cents per day.
_ If, however, such prisoner shall be employed on the State convict
road force or other public work of the State, the sum or sums
provided for above shall be paid by the State highway commissioner
out of the funds provided for the construction and maintenance of
the public roads or other public work, as the case may be.

Sec. 2. Proceedings under this act may be instituted upon petition
verified by oath or affirmation, filed by the wife or child, or by any
probation officer upon information received, or by any other person
having knowledge of the facts, which said petition shall set forth
the facts and circumstances of the case. Upon the filing of said peti-
tion the court or the judge thereof in vacation may cause an investi-
gation of said case to be made by a probation officer or other person
designated for that purpose, who shall report thereon to the court.
and the court may, after considering said report and hearing the
complainant, in its discretion dismiss said petition or cause the hus-
band or father, as the case may be, to be brought before it by summons
or warrant issued by said court, and the court shall thereupon pro-
ceed to hear and determine said case on its merits. Or if no such
investigation be ordered by the court, it shall forthwith issue its
summons or warrant against the husband or father, and upon the
execution thereof shall proceed as above. If the person summoned
as herein provided fails, without reasonable cause, to appear as therein
directed, he may be proceeded against as for contempt of court, and
the court may proceed with the trial of the case in his absence and
render such judgment as to it may seem right and proper, or it may
continue the case to some future date, provided that if the trial be
proceeded with in the absence of the defendant and judgment of con-
viction be entered’ against him, he may, within thirty days after
such judgment of conviction is rendered make application to the court
to have said case reopened, and after due notice to the original
complainant, for good cause, the court may reopen said case and
enter such judgment or order as may be right and proper. Except
as hereinafter provided, no warrant of arrest shall issue against any
person coming within the terms of this act, but all proceedings shall
be instituted upon petition as aforesaid. Provided, however, that
upon affidavit of the wife or other person that there 1s reasonable
cause to believe that the husband or father is about to leave the
jurisdiction of the court with intent to desert said wife, child or child-
ren, any justice of the peace of said city or county may issue his
warrant for such person returnable before such court.

It shall be the duty of the chief of police, sheriit, ur probation
officer in any city, town or county of this State when, in his opinion,
a person in his jurisdiction is guilty of failure to support his family.
to bring such person before the court.

Sec. 3. Proceedings under this act shall be had in the circuit
court of the counties and before the police justices or corporation
court of the cities; provided, however, that in ctties and counties
where such court 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 bv
judgment of a superior court, and in such interim, said order shall be
enforceable by the court entering the same, and said court may punish
for violation of such order as for contempt. After a judgment of
conviction and entry of order of support from which no appeal is
taken, the hearing in the appellate court on an appeal from any sub-
sequent order, modification or amendment shall be restricted to the
particular matter or order appealed from. e

The justice and the ministerial officers acting under this act shall
be entitled to ‘the same fees as are now or shall hereafter be allowed
in misdemeanor cases.

Sec. 4. At any time before the trial, upon motion of the com-
plainant, 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
violation of such order as for contempt.

Sec. 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
circumstances 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 approve. The condition of the recogni-
zance shall be such that if the defendant shall make his or her
personal appearance in court upon such 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 amendment thereof, then such recogni-
zance shall be void, otherwise in full force and effect. Any order
of support or amendment thereof entered under the provisions of this
act shall remain in full force and effect until annulled by the court of
original jurisdiction, or the court to which 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 such change or modi-
fication shall effect or relieve the surety of his obligation 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 recognizance 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 heretofore or hereafter entered into in any desertion
and nonsupport case. ,

In cities having a population of fifty thousand or more on all pay-
ments 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 col-
lection 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 sen-
tenced hereunder who, after the completion of such sentence, shall con-
tinue 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 the 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. |

Sec. 6. If at any time the court may 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
conviction, or annul suspension of sentence, and enforce such sen-
tence, or in its 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 forfeited, the sum or sums thereon to be
paid, in the discretion of the court, in whole or in part to the defen-
dant’s wife, or to 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,

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; and proof that a person has left his wife, or his or her
child or children in destitute or necessitous circumstances, or has
contributed nothing to their support for a period of thirty days prior
or subsequent either or both to his departure, shall constitute prima
facie evidence of an intention to abandon the said family. In every
prosecution under this act both husband and wife shall be competent
witnesses to testify against each other in all revelant matters, includ-
ing the facts of such marriage, provided that neither shall be com-
pelled to give evidence incriminating himself or herself.

Sec. 8. Any offense under this act shall be held to have been
committed in any county or city in which such wife, child or children
may be at the time of desertion, or in which such child or children
may be or remain, with the knowledge and aquiescence of the accused,
in destitute or necessitous condition, or where the accused shall be
found in this State. Whenever the judge or justice within whose
jurisdiction such offense is alleged to have been committed shall,
after an investigation of the fact 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 or her
probation or of abandoning or deserting his wife, or his or her 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 the State of fugitives from justice, and upon conviction punished
as hereinabove provided.

Sec. 9. For the purposes of more fully carrying into effect the
provisions of this act, probation officers may be appointed as pro-
vided by chapter three hundred and fifty of the acts of the general
assembly of Virginia of nineteen hundred and eighteen, or as may
be hereafter provided by law.

Sec. 10. The said probation officers shall ascertain the name and
address and such facts in relation to the antecedent history and envi-
ronment 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 his or her family and make report
to the judge or justice whenever he shall deem necessary to be
required so to do, and he shall use every effort to encourage and
stimulate such person to a reformation and to effect a reconciliation
between estranged couples. Whenever said chief of police, sheriff or
probation officer shall become satisfied that such person is violating
the directions, rules or regulations given or prescribed by the judge
or justice, as the case may be, for his or her conduct, the said chief
of police, sheriff or probation officer shall have authority to arrest
such person after a proper capias or warrant has been: issued for
such person and forthwith carry him before the court or justice,
before whom he or she was first brought, and said court or justice
may thereupon proceed as hereinbefore provided.

Sec. 11. All laws and parts of laws in conflict with this act are

hereby repealed.