HOUSE BILL REPORT

ESB 6447

As Amended by the House

BYSenators Owen, Warnke, Barr, Moore, Nelson and Smith

Strengthening the custodial interference law.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (12)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Brough, Hargrove, P. King, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wineberry.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE MARCH 2, 1988

BACKGROUND:

A person commits the crime of custodial interference in the second degree if he or she is a relative and takes, entices, retains, detains or conceals a person with the intent to deny access to the person by a parent, guardian, institution, agency or other person who has a lawful right to physical custody.  The first conviction of custodial interference in the second degree is a gross misdemeanor.  A second or subsequent conviction is a class C felony.

Reasonable expenses incurred in locating or returning a child shall be assessed against the defendant convicted of custodial interference.  It is a defense to a prosecution for custodial interference if the relative proves by a preponderance of the evidence that his or her purpose was to protect the person from imminent physical harm and that the belief was reasonable.

SUMMARY:

A relative who interferes with a parent's, guardian's, institution's, agency's, or other person's residential time with the child or with court conferred visitation rights with another person, or otherwise intentionally denies access to the person for four or more hours has committed the crime of custodial interference in the second degree.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Senator Brad Owen; Steve Phare; Kevin Price, DADS; David MacDonald, United Fathers of America; Richard Medinger; Robert Hoyden, Child Support Commission; William King.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    There is currently an unwillingness by courts to convict people of custodial interference when visitation has been interfered with.  This bill will put into statute what was the Legislature's intent when it enacted the statute.

House Committee - Testimony Against:      None Presented.