First Substitute H.B. 197
This document includes House Floor
Amendments incorporated into the bill on Thu, Feb 11, 2010 at 10:21 AM by lerror.
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Representative Carl Wimmer proposes the following substitute
bill:
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CUSTODIAL
INTERFERENCE AMENDMENTS
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2010 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Carl
Wimmer
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Senate Sponsor:
Mark B. Madsen
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LONG TITLE
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General Description:
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This bill amends Utah Criminal Code provisions relating to the crime of
custodial
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interference.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. enacts a modified version of the crime of custodial interference;
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. provides that custodial interference is:
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. a class B misdemeanor, punishable by a fine of at least $500, but
not more than
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$1,000;
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. a class B misdemeanor, punishable by a fine of at least $750, but
not more than
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$1,000, if the actor was previously convicted of custodial interference in the
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H. [
three
] two .H
-year period preceding the latest commission;
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. a class B misdemeanor, punishable by a fine and imprisonment, if
the actor was
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previously convicted of custodial interference at least twice in the H. [
three
] two .H
-year
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period preceding the latest commission; and
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. a felony of the third degree if, during the course of the custodial
interference, the
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actor removes, causes the removal, or directs the removal of the child from the
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state; and
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. creates affirmative defenses to the crime of custodial interference.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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REPEALS AND REENACTS:
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76-5-303, as last amended by Laws of Utah 2001, Chapter 255
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
76-5-303
is repealed and reenacted to read:
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76-5-303. Custodial interference.
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(1) As used in this section:
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(a) "Child" means a person under the age of 18.
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(b) "Custody" means court-ordered physical custody, entered by a court
of competent
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jurisdiction.
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(c) "Visitation" means court-ordered parent-time or visitation,
entered by a court of
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competent jurisdiction.
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(2) (a) A person who is entitled to custody of a child is guilty of
custodial interference
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if, during a period of time when another person is entitled to visitation
of the child, the person
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takes, entices, conceals, detains, or withholds the child from the person
entitled to visitation of
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the child, with the intent to interfere with the visitation of the child.
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(b) A person who is entitled to visitation of a child is guilty of
custodial interference if,
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during a period of time when the person is not entitled to visitation of
the child, the person
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takes, entices, conceals, detains, or withholds the child from a person
who is entitled to custody
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of the child, with the intent to interfere with the custody of the child.
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(3) Except as provided in Subsection (4), (5), or (6), custodial
interference is a class B
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misdemeanor:
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(a) punishable by a fine of at least $500, but not more than $1,000;
and
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(b) notwithstanding Section
76-3-204
, not punishable by a term of imprisonment.
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(4) Except as provided in Subsection (5) or (6), if the actor
described in Subsection (2)
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commits custodial interference within H. [
three
] two .H
years after the day on which the actor
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was
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previously convicted of custodial interference, custodial interference is
a class B misdemeanor:
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(a) punishable by a fine of at least $750, but not more than $1,000;
and
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(b) notwithstanding Section
76-3-204
, not punishable by a term of imprisonment.
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(5) Except as provided in Subsection (6), the actor described in
Subsection (2) is guilty
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of a class B misdemeanor, punishable by a fine of at least $300, but not
more than $1,000, and
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a term of imprisonment not exceeding six months if the actor:
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(a) commits custodial interference; and
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(b) has been convicted of custodial interference at least twice in the
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H. [
three
] two .H
-year period
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immediately preceding the day on which the commission of custodial
interference described in
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Subsection (5)(a) occurs.
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(6) Custodial interference is a felony of the third degree if, during
the course of the
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custodial interference, the actor described in Subsection (2) removes,
causes the removal, or
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directs the removal of the child from the state.
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(7) In addition to the affirmative defenses described in Section
76-5-305
, it is an
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affirmative defense to the crime of custodial interference that:
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(a) the action is consented to by the person whose custody or
visitation of the child was
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interfered with; or
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(b) (i) the action is based on a reasonable belief that the action is
necessary to protect a
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child from abuse, including sexual abuse; and
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(ii) before engaging in the action, the person reports the person's
intention to engage in
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the action, and the basis for the belief described in Subsection (7)(b)(i),
to the Division of
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Child and Family Services or law enforcement.
Source