H-103                _______________________________________________

                                                    HOUSE BILL NO. 844

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representative Sanders

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to prenatal care; and amending RCW 26.20.035 and 26.20.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 27, chapter 260, Laws of 1984 and RCW 26.20.035 are each amended to read as follows:

          (1) Any person who is able to provide support, or has the ability to earn the means to provide support, and who:

          (a) Wilfully omits to provide necessary food, clothing, shelter, or medical attendance to a child dependent upon him or her; ((or))

          (b) Wilfully omits or refuses to pay for prenatal care and this shall apply to the mother and to the father when paternity is either acknowledged or after paternity is determined under chapter 26.26 RCW; or

(c) Wilfully omits to provide necessary food, clothing, shelter, or medical attendance to his or her spouse,

is guilty of the crime of family nonsupport.

          (2) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW.

        Sec. 2.  Section 3, chapter 28, Laws of 1913 as last amended by section 28, chapter 260, Laws of 1984 and RCW 26.20.080 are each amended to read as follows:

          Proof of the nonsupport of a  spouse or of a child or children, or the omission to furnish prenatal care, or the omission to furnish necessary food, clothing, shelter, or medical attendance for a spouse, or for a child or children, is prima facie evidence that the nonsupport or omission to furnish food, clothing, shelter, or medical attendance is wilful.  The provisions of RCW 26.20.030 and 26.20.035 are applicable regardless of the marital status of the person who has a child dependent upon  him or her, and regardless of the nonexistence of any decree requiring payment of support or maintenance.