Senate Bill 1174e1

CODING: Words stricken are deletions; words underlined are additions.







    SB 1174                                        First Engrossed



  1                      A bill to be entitled

  2         An act relating to interference with custody;

  3         amending s. 787.03, F.S.; providing for a

  4         defense; prescribing duties of persons who take

  5         minor children when fleeing from situations of

  6         actual or threatened domestic violence;

  7         providing penalties; providing an effective

  8         date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

11

12         Section 1.  Section 787.03, Florida Statutes, is

13  amended to read:

14         787.03  Interference with custody.--

15         (1)  Whoever, without lawful authority, knowingly or

16  recklessly takes or entices, or aids, abets, hires, or

17  otherwise procures another to take or entice, any child 17

18  years of age or under or any incompetent person from the

19  custody of the child or incompetent person's parent, his or

20  her guardian, a public agency having the lawful charge of the

21  child or incompetent person, or any other lawful custodian

22  commits the offense of interference with custody and shall be

23  guilty of a felony of the third degree, punishable as provided

24  in s. 775.082, s. 775.083, or s. 775.084.

25         (2)  In the absence of a court order determining rights

26  to custody or visitation with any child 17 years of age or

27  under or with any incompetent person, any parent of the child

28  or incompetent person, whether natural or adoptive,

29  stepparent, legal guardian, or relative of such child or

30  incompetent person who has custody thereof and who takes,

31  detains, conceals, or entices away that child or incompetent


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 1174                                        First Engrossed



  1  person within or without the state, with malicious intent to

  2  deprive another person of his or her right to custody of the

  3  child or incompetent person, shall be guilty of a felony of

  4  the third degree, punishable as provided in s. 775.082, s.

  5  775.083, or s. 775.084.

  6         (3)  A subsequently obtained court order for custody or

  7  visitation shall not affect application of this section.

  8         (4)  It is a defense that:

  9         (a)  The defendant reasonably believes that his or her

10  action was necessary to preserve the child or the incompetent

11  person from danger to his or her welfare.

12         (b)  The defendant was the victim of an act of domestic

13  violence or had reasonable cause to believe that his or her

14  action was necessary to protect himself or herself from an act

15  of domestic violence as defined in s. 741.28.

16         (c)(b)  The child or incompetent person was taken away

17  at his or her own instigation without enticement and without

18  purpose to commit a criminal offense with or against the child

19  or incompetent person.

20         (5)  Proof that a child was 17 years of age or under

21  creates the presumption that the defendant knew the child's

22  age or acted in reckless disregard thereof.

23         (6)(a)  This section shall not apply in cases where a

24  spouse who is the victim of any act of domestic violence or

25  who has reasonable cause to believe he or she is about to

26  become the victim of any act of domestic violence, as defined

27  in s. 741.28, or believes that his or her action was necessary

28  to preserve the child or the incompetent person from danger to

29  his or her welfare seeks shelter from such acts or possible

30  acts and takes with him or her any child 17 years of age or

31  younger.


                                  2

CODING: Words stricken are deletions; words underlined are additions.






    SB 1174                                        First Engrossed



  1         (b)  A person who takes a child pursuant to this

  2  subsection must:

  3         1.  Within a reasonable time after taking the child,

  4  make a written report to the sheriff's office or state

  5  attorney's office for the county in which the child resided at

  6  the time he or she was taken, which report shall include the

  7  name of the person taking the child, the current address and

  8  telephone number of the person and child, and the reasons the

  9  child was taken.

10         2.  Within a reasonable time after taking the child,

11  commence a custody proceeding which is consistent with the

12  federal Parental Kidnapping Prevention Act, 28 U.S.C. s.

13  1738A, or the Uniform Child Custody Jurisdiction Act, ss.

14  61.1302-61.1348.

15         3.  Inform the sheriff's office or state attorney's

16  office for the county in which the child resided at the time

17  he or she was taken of any change of address or telephone

18  number of the person and child.

19

20  For the purposes of this paragraph, a period of 10 days for

21  making a required report and a period of 30 days for

22  commencing a custody proceeding are not unreasonable, and

23  either action may be taken earlier than the time specified.

24         Section 2.  This act shall take effect July 1, 1999.

25

26

27

28

29

30

31


                                  3