Senate Bill sb0708c1
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Florida Senate - 2006 CS for SB 708
By the Committees on Criminal Justice; and Judiciary
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1 A bill to be entitled
2 An act relating to interference with custody;
3 amending s. 787.03, F.S.; specifying that the
4 offense of interference with custody applies to
5 the taking of a minor; revising a defense for a
6 person who is a victim of domestic violence to
7 require that interference with custody is
8 necessary to escape the violence or to preserve
9 the minor or incompetent person from exposure
10 to the violence; revising a defense when a
11 minor or incompetent person instigates his or
12 her taking to require a showing that it was
13 reasonable for the defendant to rely upon the
14 instigating acts; broadening an exception from
15 the statute beyond a spouse to include certain
16 other persons who take a minor or incompetent
17 person and follow prescribed procedures;
18 including the taking of an incompetent person
19 within those procedures required under the
20 statutory exception; clarifying which offenses
21 may be covered by the exception; providing an
22 effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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26 Section 1. Subsections (1), (2), (3), (4), and (5),
27 and paragraphs (a) and (b) of subsection (6) of section
28 787.03, Florida Statutes, are amended to read:
29 787.03 Interference with custody.--
30 (1) Whoever, without lawful authority, knowingly or
31 recklessly takes or entices, or aids, abets, hires, or
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Florida Senate - 2006 CS for SB 708
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1 otherwise procures another to take or entice, any minor child
2 17 years of age or under or any incompetent person from the
3 custody of the minor's child or incompetent person's parent,
4 his or her guardian, a public agency having the lawful charge
5 of the minor child or incompetent person, or any other lawful
6 custodian commits the offense of interference with custody and
7 commits a felony of the third degree, punishable as provided
8 in s. 775.082, s. 775.083, or s. 775.084.
9 (2) In the absence of a court order determining rights
10 to custody or visitation with any minor child 17 years of age
11 or under or with any incompetent person, any parent of the
12 minor child or incompetent person, whether natural or
13 adoptive, stepparent, legal guardian, or relative of the minor
14 such child or incompetent person who has custody thereof and
15 who takes, detains, conceals, or entices away that minor child
16 or incompetent person within or without the state, with
17 malicious intent to deprive another person of his or her right
18 to custody of the minor child or incompetent person, commits a
19 felony of the third degree, punishable as provided in s.
20 775.082, s. 775.083, or s. 775.084.
21 (3) A subsequently obtained court order for custody or
22 visitation does not affect application of this section.
23 (4) It is a defense that:
24 (a) The defendant had reasonable cause to believe
25 reasonably believes that his or her action was necessary to
26 preserve the minor child or the incompetent person from danger
27 to his or her welfare.
28 (b) The defendant was the victim of an act of domestic
29 violence or had reasonable cause to believe that he or she was
30 about to become the victim of his or her action was necessary
31 to protect himself or herself from an act of domestic violence
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Florida Senate - 2006 CS for SB 708
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1 as defined in s. 741.28, and the defendant had reasonable
2 cause to believe that the action was necessary in order for
3 the defendant to escape from, or protect himself or herself
4 from, the domestic violence or to preserve the minor or
5 incompetent person from exposure to the domestic violence.
6 (c) The minor child or incompetent person was taken
7 away at his or her own instigation without enticement and
8 without purpose to commit a criminal offense with or against
9 the minor child or incompetent person, and the defendant
10 establishes that it was reasonable to rely on the instigating
11 acts of the minor or incompetent person.
12 (5) Proof that a person has not attained the age of 18
13 years child was 17 years of age or under creates the
14 presumption that the defendant knew the minor's child's age or
15 acted in reckless disregard thereof.
16 (6)(a) The offenses prescribed in subsections (1) and
17 (2) do This section does not apply in cases in which where a
18 person having a legal right to custody of a minor or
19 incompetent person spouse who is the victim of any act of
20 domestic violence, or who has reasonable cause to believe he
21 or she is about to become the victim of any act of domestic
22 violence, as defined in s. 741.28, or believes that his or her
23 action was necessary to preserve the minor child or the
24 incompetent person from danger to his or her welfare and seeks
25 shelter from such acts or possible acts and takes with him or
26 her the minor or incompetent person any child 17 years of age
27 or younger.
28 (b) In order to gain the exception exemption conferred
29 by paragraph (a), a person who takes a minor or incompetent
30 person under child pursuant to this subsection must:
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1 1. Within 10 days after taking the minor or
2 incompetent person child, make a report to the sheriff's
3 office or state attorney's office for the county in which the
4 minor or incompetent person child resided at the time he or
5 she was taken, which report must include the name of the
6 person taking the minor or incompetent person child, the
7 current address and telephone number of the person and minor
8 or incompetent person child, and the reasons the minor or
9 incompetent person child was taken.
10 2. Within a reasonable time after taking a minor the
11 child, commence a custody proceeding that is consistent with
12 the federal Parental Kidnapping Prevention Act, 28 U.S.C. s.
13 1738A, or the Uniform Child Custody Jurisdiction and
14 Enforcement Act, ss. 61.501-61.542.
15 3. Inform the sheriff's office or state attorney's
16 office for the county in which the minor or incompetent person
17 child resided at the time he or she was taken of any change of
18 address or telephone number of the person and the minor or
19 incompetent person child.
20 Section 2. This act shall take effect October 1, 2006.
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22 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
23 Senate Bill 708
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25 Clarifies existing language in s. 787.03(6)(a), F.S., to
specify that the exception to prosecution provided in the
26 statute applies to the specific offenses of interference with
custody. (As currently worded, the statute provides that "this
27 section does not apply" in certain circumstances, which
creates ambiguity about the effect of this provision on the
28 application of related provisions in s. 787.03, F.S., such as
the public records exemption.)
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