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                                          ENGROSSED SENATE BILL NO. 6447

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                                                            AS AMENDED BY THE HOUSE

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; 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 a 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 for a period of four hours or more from a parent, guardian, institution, agency, or other person having a lawful right to physical custody ((of)), or a 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.

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.