_______________________________________________

                                          ENGROSSED SENATE BILL NO. 6447

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Owen, Warnke, Barr, Moore, Nelson and Smith

Read first time 1/21/88 and referred to Committee on Law & Justice.

AN ACT Relating to custodial interference; amending RCW 9A.40.070 and 9A.40.080; and prescribing penalties.

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 either parent having time with the child pursuant to the child's residential schedule 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 either parent having time with the child pursuant to the child's residential schedule 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.

        Sec. 2.  Section 3, chapter 95, Laws of 1984 and RCW 9A.40.080 are each amended to read as follows:

          (1) Any reasonable expenses incurred in locating or returning a child or incompetent person shall be assessed against a defendant convicted under RCW 9A.40.060 or 9A.40.070.  In addition to any fine that may be imposed by the court, the court shall also assess a penalty of one hundred dollars from every person convicted of custodial interference in the second degree.  Notwithstanding any other provision of law regarding the distribution of penalty assessments, the court shall remit the additional penalty assessment to the treasury of the county or municipality in which the offense occurred.

          (2) In any prosecution of custodial interference in the first or second degree, it is a complete defense, if established by the defendant by a preponderance of the evidence, that the defendant's purpose was to protect the child, incompetent person, or himself or herself from imminent physical harm, ((and)) that the belief in the existence of the imminent physical harm was reasonable, that the defendant sought the assistance of the police, sheriff's office, or protective agencies of the state of Washington before committing the acts giving rise to the charges or within three hours thereafter, that the defendant thereafter did not leave the jurisdiction in which the acts occurred or change addresses within the jurisdiction, and that the defendant reported to the police or sheriff's department (a) the defendant's name, (b) the name and address of the child or incompetent person, and (c) the address and phone number where the defendant is residing.

          (3) Consent of a child less than sixteen years of age or of an incompetent person does not constitute a defense to an action under RCW 9A.40.060 or 9A.40.070.

NEW SECTION. Sec. 3.     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.