SENATE BILL REPORT

SB 6009

BYSenators Owen, Nelson, Warnke, Moore and Smith

Pertaining to custodial interference.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 22, 1989; February 28, 1989; March 1, 1989

Majority Report:  That Substitute Senate Bill No. 6009 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Nelson, Newhouse, Thorsness.

Senate Staff:Richard Rodger (786-7461)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, MARCH 1, 1989

BACKGROUND:

Under the dissolution of marriage act, the court must approve a parenting plan which includes residential provisions for children of the marriage.

Courts have inherent and statutory authority to enforce their orders.  This authority may be used to coerce a person into compliance with the court's order or to punish a person for failure to comply with the order.  Coercive, or civil, contempt must be designed to obtain compliance only.  As soon as the person complies with the order, the court's sanction must be lifted.  Punitive, or criminal, contempt is not subject to this limitation.

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:

A motion may be filed in superior court to enforce the residential provisions contained in a court order.  If the court finds reasonable cause to believe that a parent is not complying with its order, it may schedule a show-cause hearing regarding why the parent is not in compliance.  If the court determines at the hearing that the parent, without reasonable excuse, has not complied with the order making residential provisions for the child, the court may find the parent in contempt. 

Upon a finding of contempt, the court shall order the parent to provide additional time with the child, to the person filing the motion.  The court may also award court costs, attorney's fees, and reasonable expenses incurred in locating or returning the child.

If the parent is able to comply, but is unwilling to comply, the court may order the parent imprisoned in the county jail until the parent agrees to comply with the order, up to a maximum of 180 days.

On a second failure, within five years, to comply with the residential provision, the county prosecuting attorney will institute criminal contempt proceedings against the noncomplying parent.  Upon a finding of contempt, the court shall imprison the parent to a minimum of five days in the county jail.

Any noncompliance with the residential provision, occurring after a finding of criminal contempt, is charged as custodial interference in the second degree.

A parent's conviction of custodial interference in the second degree shall constitute a substantial change of circumstances for the purposes of modifying a parenting plan residential provision.

A warning provision is added to court orders containing parenting plans.

EFFECT OF PROPOSED SUBSTITUTE:

Clarifying amendments are made. 

Additional defenses are added to the criminal offense of custodial interference.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 21, 1989

Senate Committee - Testified: Senator Owen, prime sponsor (pro); Kim Prochnau; Evergreen Legal Services (con)