Jane's Law

Jane's Law - Amends the federal criminal code to impose a fine and/or a prison term of up to two years on any person who travels in interstate or foreign commerce to evade compliance with a court-ordered property distribution in a divorce proceeding involving more than $5,000. Requires payment of restitution equal to the total unpaid property distribution from any person convicted of evading payment.

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5188 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 5188

  To amend title 18, United States Code, to strengthen enforcement of 
 spousal court-ordered property distributions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 25, 2006

 Mr. Sweeney introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To amend title 18, United States Code, to strengthen enforcement of 
 spousal court-ordered property distributions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Jane's Law''.

SEC. 2. SPOUSAL OBLIGATIONS.

    (a) In General.--Chapter 11(A) of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3. Failure to pay legal spousal court-ordered property 
              distribution
    ``(a) Offense.--Whoever knowingly, travels in interstate or foreign 
commerce, with the intent to evade compliance with a court ordered 
property distribution as part of a separation or divorce settlement 
involving more than $5000, with respect to a spouse or former spouse, 
shall be fined under this title or imprisoned for not more than two 
years or both.
    ``(b) Mandatory Restitution.--Upon a conviction under this section, 
the court shall order restitution under section 3663A in an amount 
equal to the total unpaid property distribution.
    ``(c) Definition.--The term `court ordered property distribution' 
means any amount determined under a court order pursuant to the law of 
a State or of an Indian tribe to be due from a spouse or former spouse 
as an equitable or other distribution to a spouse or former spouse of 
assets in connection with a separation or divorce.''.
    (b) Conforming Amendment to Table of Sections.--The table of 
sections at the beginning of chapter 11(A) of title 18, United States 
Code, is amended by adding at the end the following new item:

``228A. Failure to pay legal spousal obligations''.
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