HB 7111

1	A bill to be entitled
2	An act relating to a review under the Open Government
3	Sunset Review Act regarding the offense of interference
4	with custody; amending s. 787.03, F.S.; specifying that
5	the offense of interference with custody applies to the
6	taking of a minor; providing a penalty; revising a defense
7	to the offense of interference with custody for a
8	defendant who is a victim of actual or imminent domestic
9	violence to provide that the defendant's reasonable belief
10	that the interference was necessary to escape from, or
11	protect himself or herself from, domestic violence or to
12	preserve a minor or incompetent person from exposure to
13	domestic violence constitutes a defense; revising a
14	defense to the offense of interference with custody when a
15	minor or incompetent person instigates his or her own
16	taking to require a showing that it was reasonable for the
17	defendant to rely upon the instigating acts; broadening an
18	exception to the offense of interference with custody;
19	specifying that the offense is inapplicable to cases
20	involving certain persons who have a legal right to
21	custody of a minor or an incompetent person who take the
22	minor or incompetent person and follow prescribed
23	procedures; including the taking of an incompetent person
24	within provisions governing the exception to the offense;
25	making editorial changes; reenacting s. 61.45(6)(b), F.S.,
26	relating to a court order of visitation or custody, and s.
27	933.18(7)(a), F.S., relating to instances in which a
28	warrant may be issued for search of private dwelling, for
29	the purpose of incorporating the amendment to s. 787.03,
30	F.S., in references thereto; reenacting and amending s.
31	921.0022(3)(d), F.S.; revising a reference to the offense
32	of interference with custody within the offense severity
33	ranking chart of the Criminal Punishment Code to conform;
34	providing an effective date.
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1.  Subsections (1), (2), (4), and (5) and
39	paragraphs (a) and (b) of subsection (6) of section 787.03,
40	Florida Statutes, are amended to read:
41	787.03  Interference with custody.--
42	(1)  Whoever, without lawful authority, knowingly or
43	recklessly takes or entices, or aids, abets, hires, or otherwise
44	procures another to take or entice, any minor child 17 years of
45	age or under or any incompetent person from the custody of the
46	minor's child or incompetent person's parent, his or her
47	guardian, a public agency having the lawful charge of the minor
48	child or incompetent person, or any other lawful custodian
49	commits the offense of interference with custody and commits a
50	felony of the third degree, punishable as provided in s.
51	775.082, s. 775.083, or s. 775.084.
52	(2)  In the absence of a court order determining rights to
53	custody or visitation with any minor child 17 years of age or
54	under or with any incompetent person, any parent of the minor
55	child or incompetent person, whether natural or adoptive,
56	stepparent, legal guardian, or relative of the minor such child
57	or incompetent person who has custody thereof and who takes,
58	detains, conceals, or entices away that minor child or
59	incompetent person within or without the state, with malicious
60	intent to deprive another person of his or her right to custody
61	of the minor child or incompetent person, commits a felony of
62	the third degree, punishable as provided in s. 775.082, s.
63	775.083, or s. 775.084.
64	(4)  It is a defense that:
65	(a)  The defendant had reasonable cause to believe
66	reasonably believes that his or her action was necessary to
67	preserve the minor child or the incompetent person from danger
68	to his or her welfare.
69	(b)  The defendant was the victim of an act of domestic
70	violence or had reasonable cause to believe that he or she was
71	about to become the victim of his or her action was necessary to
72	protect himself or herself from an act of domestic violence as
73	defined in s. 741.28, and the defendant had reasonable cause to
74	believe that the action was necessary in order for the defendant
75	to escape from, or protect himself or herself from, the domestic
76	violence or to preserve the minor or incompetent person from
77	exposure to the domestic violence.
78	(c)  The minor child or incompetent person was taken away
79	at his or her own instigation without enticement and without
80	purpose to commit a criminal offense with or against the minor
81	child or incompetent person, and the defendant establishes that
82	it was reasonable to rely on the instigating acts of the minor
83	or incompetent person.
84	(5)  Proof that a person has not attained the age of 18
85	years child was 17 years of age or under creates the presumption
86	that the defendant knew the minor's child's age or acted in
87	reckless disregard thereof.
88	(6)(a)  The offenses prescribed in subsections (1) and
89	(2) do This section does not apply in cases in which where a
90	person having a legal right to custody of a minor or incompetent
91	person spouse who is the victim of any act of domestic violence,
92	or who has reasonable cause to believe he or she is about to
93	become the victim of any act of domestic violence, as defined in
94	s. 741.28, or believes that his or her action was necessary to
95	preserve the minor child or the incompetent person from danger
96	to his or her welfare and seeks shelter from such acts or
97	possible acts and takes with him or her the minor or incompetent
98	person any child 17 years of age or younger.
99	(b)  In order to gain the exception exemption conferred by
100	paragraph (a), a person who takes a minor or incompetent person
101	under child pursuant to this subsection must:
102	1.  Within 10 days after taking the minor or incompetent
103	person child, make a report to the sheriff's office or state
104	attorney's office for the county in which the minor or
105	incompetent person child resided at the time he or she was
106	taken, which report must include the name of the person taking
107	the minor or incompetent person child, the current address and
108	telephone number of the person and minor or incompetent person
109	child, and the reasons the minor or incompetent person child was
110	taken.
111	2.  Within a reasonable time after taking a minor or
112	incompetent person the child, commence a custody proceeding that
113	is consistent with the federal Parental Kidnapping Prevention
114	Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody
115	Jurisdiction and Enforcement Act, ss. 61.501-61.542.
116	3.  Inform the sheriff's office or state attorney's office
117	for the county in which the minor or incompetent person child
118	resided at the time he or she was taken of any change of address
119	or telephone number of the person and the minor or incompetent
120	person child.
121	Section 2.  For the purpose of incorporating the amendment
122	made by this act to section 787.03, Florida Statutes, in a
123	reference thereto, paragraph (b) of subsection (6) of section
124	61.45, Florida Statutes, is reenacted to read:
125	61.45  Court order of visitation or custody; risk of
126	violation; bond.--
127	(6)
128	(b)  This section, including the requirement to post a bond
129	or other security, does not apply to a parent who, in a
130	proceeding to order or modify child custody or visitation, the
131	court determines is a victim of an act of domestic violence or
132	has reasonable cause to believe he or she is about to become the
133	victim of an act of domestic violence, as defined in s. 741.28.
134	An injunction for protection against domestic violence issued
135	pursuant to s. 741.30 for a parent as the petitioner which is in
136	effect at the time of the court proceeding shall be one means of
137	demonstrating sufficient evidence that the parent is a victim of
138	domestic violence or is about to become the victim of an act of
139	domestic violence, as defined in s. 741.28, and shall exempt the
140	parent from this section, including the requirement to post a
141	bond or other security. A parent who is determined by the court
142	to be exempt from the requirements of this section must meet the
143	requirements of s. 787.03(6) if an offense of interference with
144	custody is committed.
145	Section 3.  For the purpose of incorporating the amendment
146	made by this act to section 787.03, Florida Statutes, in a
147	reference thereto, paragraph (a) of subsection (7) of section
148	933.18, Florida Statutes, is reenacted to read:
149	933.18  When warrant may be issued for search of private
150	dwelling.--No search warrant shall issue under this chapter or
151	under any other law of this state to search any private dwelling
152	occupied as such unless:
153	(7)  One or more of the following misdemeanor child abuse
154	offenses is being committed there:
155	(a)  Interference with custody, in violation of s. 787.03.
156
157	If, during a search pursuant to a warrant issued under this
158	section, a child is discovered and appears to be in imminent
159	danger, the law enforcement officer conducting such search may
160	remove the child from the private dwelling and take the child
161	into protective custody pursuant to chapter 39. The term
162	"private dwelling" shall be construed to include the room or
163	rooms used and occupied, not transiently but solely as a
164	residence, in an apartment house, hotel, boardinghouse, or
165	lodginghouse. No warrant shall be issued for the search of any
166	private dwelling under any of the conditions hereinabove
167	mentioned except on sworn proof by affidavit of some creditable
168	witness that he or she has reason to believe that one of said
169	conditions exists, which affidavit shall set forth the facts on
170	which such reason for belief is based.
171	Section 4.  Paragraph (d) of subsection (3) of section
172	921.0022, Florida Statutes, is reenacted and amended to read:
173	921.0022  Criminal Punishment Code; offense severity
174	ranking chart.--
175	(3)  OFFENSE SEVERITY RANKING CHART
176
	FloridaStatute FelonyDegree Description
177
	(d)  LEVEL 4
178
	316.1935(3)(a) 2nd Driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
179
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
180
	499.0051(2) 3rd Failure to authenticate pedigree papers.
181
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
182
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
183
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
184
	784.075 3rd Battery on detention or commitment facility staff.
185
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
186
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
187
	784.081(3) 3rd Battery on specified official or employee.
188
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
189
	784.083(3) 3rd Battery on code inspector.
190
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
191
	787.03(1) 3rd Interference with custody; wrongly takes minor child from appointed guardian.
192
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
193
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
194
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
195
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
196
	790.115(2)(c) 3rd Possessing firearm on school property.
197
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
198
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
199
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
200
	810.06 3rd Burglary; possession of tools.
201
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
202
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
203
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
204
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
205
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
206
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
207
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
208
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
209
	837.02(1) 3rd Perjury in official proceedings.
210
	837.021(1) 3rd Make contradictory statements in official proceedings.
211
	838.022 3rd Official misconduct.
212
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
213
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
214
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
215
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
216
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
217
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
218
	893.13(2)(a)1. 2nd Purchase of cocaine (or other s. 893.03(1)(a), (b), or (d), (2)(a), (2)(b), or (2)(c)4. drugs).
219
	914.14(2) 3rd Witnesses accepting bribes.
220
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
221
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
222
	918.12 3rd Tampering with jurors.
223
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
224
225	Section 5.  This act shall take effect October 1, 2006.

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