Disabled parent; subject to prosecution for desertion or nonsupport of another child. (HB40)

Introduced By

Del. Bobby Orrock (R-Thornburg)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Criminal nonsupport; disabled parent. Provides that a parent who is permanently and totally disabled cannot be guilty of criminal nonsupport of his child if the child is in necessitous circumstances. Currently, only the parent of a child who is receiving aid from a federal or state agency cannot be guilty of criminal nonsupport. Read the Bill »


Bill Has Passed


12/18/2009Prefiled and ordered printed; offered 01/13/10 10101061D
12/18/2009Referred to Committee for Courts of Justice
01/13/2010Assigned Courts sub: Criminal
01/13/2010Assigned Courts sub: Civil
01/14/2010Impact statement from DPB (HB40)
01/25/2010Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
01/27/2010Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
01/27/2010Committee substitute printed 10104596D-H1
01/29/2010Read first time
02/01/2010Read second time
02/01/2010Committee substitute agreed to 10104596D-H1
02/01/2010Engrossed by House - committee substitute HB40H1
02/02/2010Read third time and passed House BLOCK VOTE (97-Y 0-N)
02/02/2010VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally)
02/03/2010Read third time and passed House BLOCK VOTE (98-Y 0-N)
02/03/2010Constitutional reading dispensed
02/03/2010Referred to Committee for Courts of Justice
02/19/2010Assigned Courts sub: Criminal
03/01/2010Reported from Courts of Justice with amendments (15-Y 0-N) (see vote tally)
03/02/2010Constitutional reading dispensed (40-Y 0-N) (see vote tally)
03/03/2010Read third time
03/03/2010Reading of amendments waived
03/03/2010Committee amendments agreed to
03/03/2010Engrossed by Senate as amended
03/03/2010Passed Senate with amendments (40-Y 0-N) (see vote tally)
03/04/2010Placed on Calendar
03/05/2010Senate amendments agreed to by House (98-Y 0-N)
03/05/2010VOTE: --- ADOPTION (98-Y 0-N) (see vote tally)
03/12/2010Bill text as passed House and Senate (HB40ER)
03/12/2010Impact statement from DPB (HB40ER)
03/12/2010Signed by Speaker
03/13/2010Signed by President
04/11/2010G Approved by Governor-Chapter 619 (effective 7/1/10)
04/11/2010G Acts of Assembly Chapter text (CHAP0619)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.


marshamaines writes:

the only thing missing is the Va. Code stating the County/City that chooses to incarcerated for "criminal" contempt and mandates work release, is also responsible for paying up to $25 per week to the Custodial Parent on behalf of the child during the other parents incarceration. Under FOIA, I've discovered localities have conveniently IGNORED this part of the laws.