Chap. 168.—An ACT to repeal Sections 1936, 1937 and 1938 in Chapter 80 of the
Code of Virginia, relating to desertion and non-support; to amend the Code by
adding in Chapter 80 seven new Sections numbered 1936, 1936-a, 1937, 1937-a.
1937-b, 1937-c and 1938, relating to the same subjects, to contain, with certain
amendments, the same matters as the sections of the Code repealed and as
contained in Sections 1, 2, 3, and 4, as amended, of Chapter 416 of the Acts of
Assembly of 1918, approved March 27, 1918, which relate to the same subjects :
and to repeal Sections 1, 2, 3 and 4, and all amendments thereof, of Chapter
416 of the Acts of Assembly of 1918, approved March 27, 1918, relating to the
same subjects. {H 300]

Approved March 9, 1944

Be it enacted by the General Assembly of Virginia:

1. That sections nineteen hundred thirty-six, nineteen hundred thirty-
seven and nineteen hundred thirty-eight in chapter eighty of the Code
of Virginia, relating to desertion and non-support, are repealed.

2. That the Code of Virginia be amended by adding, in chapter
eighty, seven new sections numbered nineteen hundred thirty-six, nine-
teen hundred thirty-six-a, nineteen hundred thirty-seven, nineteen hun-
dred thirty-seven-a, nineteen hundred thirty-seven-b, nineteen hundred
thirty-seven-c and nineteen hundred thirty-eight, as follows:

Section 1936. (a) Any husband who without just cause deserts or
wilfully neglects or refuses or fails to provide for the support and main-
tenance 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
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, the wife, child or chil-
dren being then and there in destitute or necessitous circumstances, shall
be guilty of a misdemeanor and upon conviction shall be punished by a
fine of not exceeding five hundred dollars, or in the case of a hushand
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 the 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 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 mimor child or children, or to some discreet person or re-
sponsible organization designated by the court to receive it.

(b) 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 provi-
sions of this chapter may be committed to the farms, workhouses or
work squads instead of to the convict road force. Persons sentenced
to the State convict road forge or to a workhouse or city farm under
the provisions 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 be placed on probation upon the terms and condt-
tions and in the manner prescribed by law for the probation of original
offenders in such cases,
Section 1936-a. (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 sup-
port of his wife a sum not less than fifty cents nor more than one dollar
for each day’s work performed by him and twenty-five cents a day ad-
ditional for each child within the provisions of this chapter, but in no
event shall the amount paid to a wife and children exceed one dollar
seventy-five cents a day. In the event that no wife is included in the
order of support payments hereunder for the support of a child or chil-
dren of the prisoner shall be made to the 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 seventy-five cents a day.

(b) If the prisoner be sentenced to the State convict road force the
sum or sums provided for shall be paid by the State Highway Commis-
sioner out of the funds provided for the construction and maintenance
of the public roads for each and every day the prisoner works on any
such road force.

Section 1937. (a) Proceedings under this chapter may be instituted
upon petition, verified by oath or affirmation, filed by the wife or child
or by any probation officer or by any State or local law enforcement
officer or by any State or local public welfare officer upon information
received, or by any other person having knowledge of the facts, and the
petition shall set forth the facts and circumstances of the case.

(b) Upon the filing of the petition the court or the judge in vaca-
tion may cause an investigation of the 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, after considering the report and hear-
ing the complainant, may in its discretion dismiss the petition or cause
the husband or father as the case may be to be brought before it by sum-
mons or warrant issued by the court and thereupon it shall proceed to
hear and determine the case on its merits. If no such investigation be
ordered the court shall forthwith issue its summons or warrant against
the husband or father and upon its execution proceed as above provided.

Section 1937-a. (a) If the person so summoned fails without
reasonable cause to appear as herein required, he may be proceeded
against as for contempt of court and the court may, (1) proceed with
the trial of the case in his absence and render such judgment as to it
seems right and proper, or (2) continue the case to some future date.

(b) If the trial be proceeded with in the absence of the defendant
and judgment of conviction be entered against him he may within thirty
days after the judgment of conviction is rendered make application to
the court to have the case reopened, and after due notice to the original
complainant, for good cause, the court may reopen the case and enter
such judgment or order as is right and proper. .

Section 1937-b. (a) Except as otherwise in this chapter provided
no warrant of arrest shall be issued by a justice of the peace against
any person within the terms of this chapter but all proceedings shall be
instituted upon petition as aforesaid, provided that upon affidavit of the
wife or other person that there is reasonable cause to believe that the
husband or father is about to leave the jurisdiction of the court with
intent to desert the wife, child or children the court or any justice of
the peace of the city or county may issue his warrant for him returnable
before the court.

(b) It shall be the duty of the chief of police, sheriff and every pro-
bation officer in any city, town or county of this State when in his opinion
any person in his jurisdiction is guilty of failure to support his family
to bring such person before the court.

Section 1937-c. Proceedings under this chapter shall be had in the
circuit court of the counties and before the police justices or corporation
court of the cities; provided that in cities and counties having them the
juvenile and domestic relations court shall have exclusive original juris-
diction in all cases arising under this chapter, except that any grand jury
of any such corporation court may indict for desertion and non-support
in any case wherein the defendant is a fugitive from the State, and any
defendant so indicated or presented and apprehended may be tried by
the court in which the indictment or presentment is found or, in the
discretion of the court, referred to the juvenile and domestic relations
court in those jurisdictions having juvenile and domestic relations courts.

(b) The person accused shall have the same right of appeal as pro-
vided by law in other similar cases; provided 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, and in the
interim the order shall be enforceable by the court entering it and the
court may punish for violation of the order as for contempt. After the
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
subsequent order, modification or amendment shall be restricted to the
particular matter or order appealed from.

(c) The justice and the ministerial officers acting under this chap-
ter shall be entitled to the same fees as are now or hereafter allowed in
misdemeanor cases.

Section 1938. At any time before the trial, upon motion of the com-
plainant, with notice to the defendant, the court may enter such tempor-
ary order as seems just providing for the support of the neglected wife
or children, or both, pendente tite, and may punish for violation of the
order as for contempt. .

3. Sections one, two, three and four of chapter four hundred six-
teen of the Acts of Assembly of nineteen hundred eighteen, approved
March twenty-seven, nineteen hundred eighteen, and all of the amend-
ments of any of them, relating to desertion and non-support, are re-

pealed.