ARIZONA HOUSE OF REPRESENTATIVES

SB 1076: abducting child from state agency

PRIME SPONSOR: Senator Brophy McGee, LD 28

BILL STATUS: Transmitted to Governor

Overview

Creates the felony offense of 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;

c. Class 5 felony if the person intentionally fails or refuses immediately to return a child or impedes the immediate return of a child to the state agency's lawful custody; or

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

3. Specifies that, for the purposes of the crime of abducting a child from a state agency, the state agency is the Department of Child Safety (DCS) or the Department of Juvenile Corrections (ADJC).

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7. Fifty-fourth Legislature                       SB 1076

8. First Regular Session                            Version 4: Transmitted

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