Bill Text: AZ SB1410 | 2020 | Fifty-fourth Legislature 2nd Regular | Introduced

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Bill Title: Child abduction; biological parent; misdemeanor

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-01-30 - Senate read second time [SB1410 Detail]

Download: Arizona-2020-SB1410-Introduced.html

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REFERENCE TITLE: child abduction; biological parent; misdemeanor

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1410

 

Introduced by

Senator Farnsworth D

 

 

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:

START_STATUTE13-1310.  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. END_STATUTE