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REFERENCE TITLE: child abduction; biological parent; misdemeanor |
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State of Arizona Senate Fifty-fourth Legislature Second Regular Session 2020
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SB 1410 |
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Introduced by Senator Farnsworth D
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AN ACT
amending section 13‑1310, Arizona Revised Statutes; relating to child abduction.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-1310, Arizona Revised Statutes, is amended to read:
13-1310. Abduction of child from a state agency; classification; definition
A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:
1. Takes, entices or keeps the child from the lawful custody of the state agency.
2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.
B. A violation of:
1. Subsection A, paragraph 2 of this section is a class 5 felony. A violation of
2. Subsection A, paragraph 1 of this section is:
1. (a) A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.
2. (b) A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.
3. (c) A class 6 felony if the person voluntarily returns the child without physical injury not later than forty‑eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.
3. Subsection A, paragraph 1 or 2 of this section is a class 1 misdemeanor if the person is the abducted child's biological parent and the parent has not previously been convicted of child abuse or an offense listed in chapter 14 or 35.1 of this title.
C. For the purposes of this section, "state agency" means the department of child safety or the department of juvenile corrections.