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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
child abduction from state agency
Purpose
Reduces the penalty, from a felony to a class 1 misdemeanor, for a person who commits abduction of a child from a state agency if the person who fails or refuses to return the child is the child's biological parent and the person's motive for keeping the child is to protect and care for the child.
Background
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: 1) takes, entices or keeps the child from the lawful custody of the state agency; or 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 (A.R.S. § 13-1310).
A class 1 misdemeanor carries a maximum imprisonment sentence of six months and a civil penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Reduces the penalty, from a class 5 felony to a class 1 misdemeanor, for a person who commits abduction of a child from a state agency by intentionally failing or refusing to immediately return or impeding the immediate return of a child to the lawful custody of the state, agency, including at the expiration of visitation or access, if the person who fails or refuses to return the child is the child's biological parent and the person's motive for keeping the child is to protect and care for the child.
2. Reduces the penalty, from an outlined felony to a class 1 misdemeanor, for a person who commits abduction of a child from a state agency by taking, enticing or keeping the child from the lawful custody of the state agency, if the person who fails or refuses to return the child is the child's biological parent and the person's motive for keeping the child is to protect and care for the child.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 5, 2024
ZD/SB/cs