Jane’s Law

I 116TH CONGRESS 1ST SESSION H. R. 4203 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 AUGUST 23, 2019 Mr. COSTA (for himself, Mr. OLSON, Mrs. LESKO, and Ms. ESCOBAR) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend title 18, United States Code, to strengthen en- forcement of spousal court-ordered property distribu- tions, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as ‘‘Jane’s Law’’. 4 SEC. 2. SPOUSAL OBLIGATIONS. 5 (a) IN GENERAL.—Chapter 11A of title 18, United 6 States Code, is amended by adding at the end the fol- 7 lowing: 8 VerDate Sep 11 2014 20:51 Aug 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4203.IH H4203 jbell on DSK3GLQ082PROD with BILLS 2 •HR 4203 IH ‘‘§ 228A. Failure to pay legal spousal court-ordered 1 property distribution 2 ‘‘(a) OFFENSE.—Whoever knowingly, travels in inter- 3 state or foreign commerce, with the intent to evade compli- 4 ance with a court ordered property distribution as part 5 of a separation or divorce settlement involving more than 6 $5,000, with respect to a spouse or former spouse, shall 7 be fined under this title or imprisoned for not more than 8 two years or both. 9 ‘‘(b) MANDATORY RESTITUTION.—Upon a conviction 10 under this section, the court shall order restitution under 11 section 3663A in an amount equal to the total unpaid 12 property distribution. 13 ‘‘(c) DEFINITION.—The term ‘court ordered property 14 distribution’ means any amount determined under a court 15 order pursuant to the law of a State or of an Indian tribe 16 to be due from a spouse or former spouse as an equitable 17 or other distribution to a spouse or former spouse of assets 18 in connection with a separation or divorce.’’. 19 (b) CLERICAL AMENDMENTS.— 20 (1) TABLE OF SECTIONS.—The table of sections 21 at the beginning of chapter 11A of title 18, United 22 States Code, is amended by adding at the end the 23 following new item: 24 ‘‘228A. Failure to pay legal spousal court-ordered property distribution.’’. VerDate Sep 11 2014 20:51 Aug 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4203.IH H4203 jbell on DSK3GLQ082PROD with BILLS 3 •HR 4203 IH (2) TABLE OF CHAPTERS.—The item in the 1 table of chapters for part I of title 18, United States 2 Code, relating to chapter 11A is amended to read as 3 follows: 4 ‘‘11A. Child support and spousal obligations ......................... 228’’. Æ VerDate Sep 11 2014 20:51 Aug 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H4203.IH H4203 jbell on DSK3GLQ082PROD with BILLS