FINAL BILL REPORT
SSB 5088
FULL VETO
BYSenate Committee on Judiciary (originally sponsored by Senators Owen, Warnke, Nelson, Barr and Moore)
Including court conferred visitation rights under protection of custodial interference statute.
Senate Committee on Judiciary
House Committe on Judiciary
AS PASSED LEGISLATURE
BACKGROUND:
The requirements of the crime of custodial interference in the second degree are met when a relative of a person takes, entices, retains, detains or conceals that person with the intent to deny access to such person by a parent, guardian, institution, agency or other person who has a lawful right to physical custody.
SUMMARY:
Custodial interference in the second degree is expanded to include situations in which a parent, guardian, institution, agency or other person has court conferred visitation rights with another person but is intentionally denied access to the person for a period of two hours or more through the actions of that person's relative.
RCW 9A.40.080 provides a complete defense to the charges of custodial interference in the first and second degree. In order to meet the requirements of that defense, the defendant must be able to establish, by a preponderance of the evidence, that he or she reasonably believed that the child, incompetent person or himself or herself were in imminent physical danger. In addition, the defendant must be able to establish that he or she sought the assistance of the police, sheriff's office or protective state agencies prior to or within three hours of performing the acts which gave rise to the charges.
The defendant must also be able to show that he or she did not change addresses or leave the jurisdiction where the acts occurred and reported his or her name, address and phone number to the police or sheriff's department with the name and address of the child or incompetent person.
VOTES ON FINAL PASSAGE:
Senate 45 0
House 95 1 (House amended)
Senate 46 0 (Senate concurred)
FULL VETO: (See VETO MESSAGE)