BILL REQ. #:  H-3974.1 

READ FIRST TIME 02/05/14.   

     AN ACT Relating to clarifying the applicability of child abduction statutes to residential provisions ordered by a court; amending RCW 9A.40.060 and 9A.40.070; creating a new section; and prescribing penalties.

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

NEW SECTION.  Sec. 1   It is the intent of the legislature to address the Washington supreme court's decision in State v. Veliz, 176 Wn.2d 849 (2013). The court held that a parent cannot be charged with custodial interference under RCW 9A.40.060(2) if a parent withholds the other parent from having access to the child in violation of residential provisions of a domestic violence protection order. The legislature intends that the provisions of RCW 9A.40.060(2) and 9A.40.070(2) be applicable in cases in which a court has entered any order making residential provisions for a child including, but not limited to, domestic violence protection orders that include such residential provisions.

Sec. 2   RCW 9A.40.060 and 1998 c 55 s 1 are each amended to read as follows:
     (1) A relative of a child under the age of eighteen or of an incompetent person is guilty of custodial interference in the first degree if, with the intent to deny access to the child or incompetent person by a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person, the relative takes, entices, retains, detains, or conceals the child or incompetent person from a parent, guardian, institution, agency, or other person having a lawful right to physical custody of such person and:
     (a) Intends to hold the child or incompetent person permanently or for a protracted period; or
     (b) Exposes the child or incompetent person to a substantial risk of illness or physical injury; or
     (c) Causes the child or incompetent person to be removed from the state of usual residence; or
     (d) Retains, detains, or conceals the child or incompetent person in another state after expiration of any authorized visitation period with intent to intimidate or harass a parent, guardian, institution, agency, or other person having lawful right to physical custody or to prevent a parent, guardian, institution, agency, or other person with lawful right to physical custody from regaining custody.
     (2) A parent of a child is guilty of custodial interference in the first degree if the parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a ((court-ordered parenting plan)) court order making residential provisions for the child, and:
     (a) Intends to hold the child permanently or for a protracted period; or
     (b) Exposes the child to a substantial risk of illness or physical injury; or
     (c) Causes the child to be removed from the state of usual residence.
     (3) A parent or other person acting under the directions of the parent is guilty of custodial interference in the first degree if the parent or other person intentionally takes, entices, retains, or conceals a child, under the age of eighteen years and for whom no lawful custody order or ((parenting plan)) order making residential provisions for the child has been entered by a court of competent jurisdiction, from the other parent with intent to deprive the other parent from access to the child permanently or for a protracted period.
     (4) Custodial interference in the first degree is a class C felony.

Sec. 3   RCW 9A.40.070 and 2003 c 53 s 66 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 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 such person. This subsection shall not apply to a parent's noncompliance with a ((court-ordered parenting plan)) court order making residential provisions for the child.
     (2) A parent of a child is guilty of custodial interference in the second degree if: (a) The parent takes, entices, retains, detains, or conceals the child, with the intent to deny access, from the other parent having the lawful right to time with the child pursuant to a ((court-ordered parenting plan)) court order making residential provisions for the child; or (b) the parent has not complied with the residential provisions of a court-ordered parenting plan after a finding of contempt under RCW 26.09.160(3); or (c) if the court finds that the parent has engaged in a pattern of willful violations of ((the court-ordered)) a court order making residential provisions for the child.
     (3) Nothing in subsection (2)(b) of this section prohibits conviction of custodial interference in the second degree under subsection (2)(a) or (c) of this section in absence of findings of contempt.
     (4)(a) The first conviction of custodial interference in the second degree is a gross misdemeanor.
     (b) The second or subsequent conviction of custodial interference in the second degree is a class C felony.