State SealARIZONA HOUSE OF REPRESENTATIVES

 

SB 1076: abducting child from state agency

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Caucus & COW

                                Judiciary: DPA 7-3-0-0

 

Overview

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteCreates a new felony offense called abduction of a child from a state agency.

History

A person who takes, entices, or keeps a child from the lawful custody of a state agency has committed custodial interference (A.R.S. § 1302(A); see State v. Nuttle, No. 2 CA-CR 2017-0298 (Az. Ct. App. 2018)). A person who commits custodial interference is guilty of a:

1.       Class 3 felony if the person is not the parent, custodian, or one of their agents;

2.       Class 4 felony if the person is the parent, custodian, or one of their agents, and the child is taken out of the state;

3.       Class 6 felony if the person is the parent, custodian, or one of their agents and the child is not taken out of the state; or

4.       Class 1 misdemeanor if the child is voluntarily returned without physical injury within 48 hours.

Provisions

1.       Provides that a person commits abduction of a child from a state agency if, knowing or having reason to know that the child is lawfully in a state agency's custody, the person:

a.       Takes, entices, or keeps the child from the custody of the agency; or

b.       Intentionally fails or refuses to immediately return or impedes the immediate return of a child to a state agency's lawful custody.

2.       Classifies abduction of a child from a state agency as a:

a.       Class 3 felony if the child is taken, enticed, or kept from the state agency's lawful custody and is taken outside the state;

b.       Class 4 felony if the child is taken, enticed, or kept from the state agency's lawful custody but remains in the state at all times; or

c.        Class 6 felony if the person voluntarily returns the child without physical injury within 48 hours.

Amendments

Committee on Judiciary

1.       Classifies abduction of a child from a stage agency committed by intentionally failing or refusing to immediately return or impeding the immediate return of a child to a state agency's lawful custody as a class 5 felony.

2.        

3.        

4.       ---------- DOCUMENT FOOTER ---------

5.       Fifty-fourth Legislature                       SB 1076

6.       First Regular Session                            Version 1: Caucus & COW

7.        

8.       ---------- DOCUMENT FOOTER ---------