S-571                 _______________________________________________

                                                   SENATE BILL NO. 5088

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Senators Owen, Warnke, Nelson, Barr and Moore

Read first time 1/15/87 and referred to Committee on Judiciary.

AN ACT Relating to custodial interference; and amending RCW 9A.40.070.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 95, Laws of 1984 and RCW 9A.40.070 are each amended to read as follows:

          (1) A relative of a person is guilty of custodial interference in the second degree if, with the intent to deny access to such person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody ((of)) or court conferred visitation rights with such person, the relative takes, entices, retains, detains, or conceals the person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody ((of)) or court conferred visitation rights with such person.

          (2) The first conviction of custodial interference in the second degree is a gross misdemeanor.  The second or subsequent conviction of custodial interference in the second degree is a class C felony.

NEW SECTION. Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.