ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

Second Regular Session

Senate: JUD DP 5-2-0-0 | 3rd Read DPA 28-0-2-0

House: JUD DP 8-0-0-1 | 3^rd Read DP 41-8-10-0

SB 1302: child abduction from state agency

Sponsor: Senator Farnsworth, LD 10

Transmitted to the Governor

Overview

Lowers the sentencing classification for the abduction of a child from a state agency from a felony to a class 1 misdemeanor if specified circumstances apply.

History

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: 1) takes, entices or keeps the child from the custody of the agency (which is a class 3, 4 or 6 felony depending on the circumstances of the offense); or 2) intentionally fails or refuses to immediately return or impedes the immediate return of a child to a state agency's custody, including at the expiration of visitation or access (which is a class 5 felony). For purposes of this offense, state agency means the Department of Child Safety or the Department of Juvenile Corrections (A.R.S. § 13-1310).

Provisions

1. Reduces the classification for the abduction of a child from a state agency from a felony to a class 1 misdemeanor if all the following apply:

a) the child has voluntarily and without consent left the placement location;

b) the person who fails or refuses to return the child is the child's natural or adoptive parent;

c) the person's motive for keeping the child is to protect and care for the child. (Sec. 1)

2. Makes a conforming change. (Sec. 1)

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6. SB 1302

7. Initials IG Page 0 Transmitted

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