HB 7111

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to a review under the Open Government
7	Sunset Review Act regarding the offense of interference
8	with custody; amending s. 787.03, F.S.; specifying that
9	the offense of interference with custody applies to the
10	taking of a minor; providing a penalty; revising a defense
11	to the offense of interference with custody for a
12	defendant who is a victim of actual or imminent domestic
13	violence to provide that the defendant's reasonable belief
14	that the interference was necessary to escape from, or
15	protect himself or herself from, domestic violence or to
16	preserve a minor or incompetent person from exposure to
17	domestic violence constitutes a defense; revising a
18	defense to the offense of interference with custody when a
19	minor or incompetent person instigates his or her own
20	taking to require a showing that it was reasonable for the
21	defendant to rely upon the instigating acts; broadening an
22	exception to the offense of interference with custody;
23	specifying that the offense is inapplicable to cases
24	involving certain persons who have a legal right to
25	custody of a minor or an incompetent person who take the
26	minor or incompetent person and follow prescribed
27	procedures; including the taking of an incompetent person
28	within provisions governing the exception to the offense;
29	making editorial changes; reenacting s. 61.45(6)(b), F.S.,
30	relating to a court order of visitation or custody, and s.
31	933.18(7)(a), F.S., relating to instances in which a
32	warrant may be issued for search of private dwelling, for
33	the purpose of incorporating the amendment to s. 787.03,
34	F.S., in references thereto; reenacting and amending s.
35	921.0022(3)(d), F.S.; revising a reference to the offense
36	of interference with custody within the offense severity
37	ranking chart of the Criminal Punishment Code to conform;
38	providing an effective date.
39
40	Be It Enacted by the Legislature of the State of Florida:
41
42	Section 1.  Subsections (1), (2), (4), and (5) and
43	paragraphs (a) and (b) of subsection (6) of section 787.03,
44	Florida Statutes, are amended to read:
45	787.03  Interference with custody.--
46	(1)  Whoever, without lawful authority, knowingly or
47	recklessly takes or entices, or aids, abets, hires, or otherwise
48	procures another to take or entice, any minor child 17 years of
49	age or under or any incompetent person from the custody of the
50	minor's child or incompetent person's parent, his or her
51	guardian, a public agency having the lawful charge of the minor
52	child or incompetent person, or any other lawful custodian
53	commits the offense of interference with custody and commits a
54	felony of the third degree, punishable as provided in s.
55	775.082, s. 775.083, or s. 775.084.
56	(2)  In the absence of a court order determining rights to
57	custody or visitation with any minor child 17 years of age or
58	under or with any incompetent person, any parent of the minor
59	child or incompetent person, whether natural or adoptive,
60	stepparent, legal guardian, or relative of the minor such child
61	or incompetent person who has custody thereof and who takes,
62	detains, conceals, or entices away that minor child or
63	incompetent person within or without the state, with malicious
64	intent to deprive another person of his or her right to custody
65	of the minor child or incompetent person, commits a felony of
66	the third degree, punishable as provided in s. 775.082, s.
67	775.083, or s. 775.084.
68	(4)  It is a defense that:
69	(a)  The defendant had reasonable cause to believe
70	reasonably believes that his or her action was necessary to
71	preserve the minor child or the incompetent person from danger
72	to his or her welfare.
73	(b)  The defendant was the victim of an act of domestic
74	violence or had reasonable cause to believe that he or she was
75	about to become the victim of his or her action was necessary to
76	protect himself or herself from an act of domestic violence as
77	defined in s. 741.28, and the defendant had reasonable cause to
78	believe that the action was necessary in order for the defendant
79	to escape from, or protect himself or herself from, the domestic
80	violence or to preserve the minor or incompetent person from
81	exposure to the domestic violence.
82	(c)  The minor child or incompetent person was taken away
83	at his or her own instigation without enticement and without
84	purpose to commit a criminal offense with or against the minor
85	child or incompetent person, and the defendant establishes that
86	it was reasonable to rely on the instigating acts of the minor
87	or incompetent person.
88	(5)  Proof that a person has not attained the age of 18
89	years child was 17 years of age or under creates the presumption
90	that the defendant knew the minor's child's age or acted in
91	reckless disregard thereof.
92	(6)(a)  The offenses prescribed in subsections (1) and
93	(2) do This section does not apply in cases in which where a
94	person having a legal right to custody of a minor or incompetent
95	person spouse who is the victim of any act of domestic violence,
96	or who has reasonable cause to believe he or she is about to
97	become the victim of any act of domestic violence, as defined in
98	s. 741.28, or believes that his or her action was necessary to
99	preserve the minor child or the incompetent person from danger
100	to his or her welfare and seeks shelter from such acts or
101	possible acts and takes with him or her the minor or incompetent
102	person any child 17 years of age or younger.
103	(b)  In order to gain the exception exemption conferred by
104	paragraph (a), a person who takes a minor or incompetent person
105	under child pursuant to this subsection must:
106	1.  Within 10 days after taking the minor or incompetent
107	person child, make a report to the sheriff's office or state
108	attorney's office for the county in which the minor or
109	incompetent person child resided at the time he or she was
110	taken, which report must include the name of the person taking
111	the minor or incompetent person child, the current address and
112	telephone number of the person and minor or incompetent person
113	child, and the reasons the minor or incompetent person child was
114	taken.
115	2.  Within a reasonable time after taking a minor the
116	child, commence a custody proceeding that is consistent with the
117	federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A,
118	or the Uniform Child Custody Jurisdiction and Enforcement Act,
119	ss. 61.501-61.542.
120	3.  Inform the sheriff's office or state attorney's office
121	for the county in which the minor or incompetent person child
122	resided at the time he or she was taken of any change of address
123	or telephone number of the person and the minor or incompetent
124	person child.
125	Section 2.  For the purpose of incorporating the amendment
126	made by this act to section 787.03, Florida Statutes, in a
127	reference thereto, paragraph (b) of subsection (6) of section
128	61.45, Florida Statutes, is reenacted to read:
129	61.45  Court order of visitation or custody; risk of
130	violation; bond.--
131	(6)
132	(b)  This section, including the requirement to post a bond
133	or other security, does not apply to a parent who, in a
134	proceeding to order or modify child custody or visitation, the
135	court determines is a victim of an act of domestic violence or
136	has reasonable cause to believe he or she is about to become the
137	victim of an act of domestic violence, as defined in s. 741.28.
138	An injunction for protection against domestic violence issued
139	pursuant to s. 741.30 for a parent as the petitioner which is in
140	effect at the time of the court proceeding shall be one means of
141	demonstrating sufficient evidence that the parent is a victim of
142	domestic violence or is about to become the victim of an act of
143	domestic violence, as defined in s. 741.28, and shall exempt the
144	parent from this section, including the requirement to post a
145	bond or other security. A parent who is determined by the court
146	to be exempt from the requirements of this section must meet the
147	requirements of s. 787.03(6) if an offense of interference with
148	custody is committed.
149	Section 3.  For the purpose of incorporating the amendment
150	made by this act to section 787.03, Florida Statutes, in a
151	reference thereto, paragraph (a) of subsection (7) of section
152	933.18, Florida Statutes, is reenacted to read:
153	933.18  When warrant may be issued for search of private
154	dwelling.--No search warrant shall issue under this chapter or
155	under any other law of this state to search any private dwelling
156	occupied as such unless:
157	(7)  One or more of the following misdemeanor child abuse
158	offenses is being committed there:
159	(a)  Interference with custody, in violation of s. 787.03.
160
161	If, during a search pursuant to a warrant issued under this
162	section, a child is discovered and appears to be in imminent
163	danger, the law enforcement officer conducting such search may
164	remove the child from the private dwelling and take the child
165	into protective custody pursuant to chapter 39. The term
166	"private dwelling" shall be construed to include the room or
167	rooms used and occupied, not transiently but solely as a
168	residence, in an apartment house, hotel, boardinghouse, or
169	lodginghouse. No warrant shall be issued for the search of any
170	private dwelling under any of the conditions hereinabove
171	mentioned except on sworn proof by affidavit of some creditable
172	witness that he or she has reason to believe that one of said
173	conditions exists, which affidavit shall set forth the facts on
174	which such reason for belief is based.
175	Section 4.  Paragraph (d) of subsection (3) of section
176	921.0022, Florida Statutes, is reenacted and amended to read:
177	921.0022  Criminal Punishment Code; offense severity
178	ranking chart.--
179	(3)  OFFENSE SEVERITY RANKING CHART
	FloridaStatute FelonyDegree Description
180
	(d)  LEVEL 4
181
	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.
182
	499.0051(1) 3rd Failure to maintain or deliver pedigree papers.
183
	499.0051(2) 3rd Failure to authenticate pedigree papers.
184
	499.0051(6) 2nd Sale or delivery, or possession with intent to sell, contraband legend drugs.
185
	784.07(2)(b) 3rd Battery of law enforcement officer, firefighter, intake officer, etc.
186
	784.074(1)(c) 3rd Battery of sexually violent predators facility staff.
187
	784.075 3rd Battery on detention or commitment facility staff.
188
	784.078 3rd Battery of facility employee by throwing, tossing, or expelling certain fluids or materials.
189
	784.08(2)(c) 3rd Battery on a person 65 years of age or older.
190
	784.081(3) 3rd Battery on specified official or employee.
191
	784.082(3) 3rd Battery by detained person on visitor or other detainee.
192
	784.083(3) 3rd Battery on code inspector.
193
	784.085 3rd Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials.
194
	787.03(1) 3rd Interference with custody; wrongly takes minor child from appointed guardian.
195
	787.04(2) 3rd Take, entice, or remove child beyond state limits with criminal intent pending custody proceedings.
196
	787.04(3) 3rd Carrying child beyond state lines with criminal intent to avoid producing child at custody hearing or delivering to designated person.
197
	790.115(1) 3rd Exhibiting firearm or weapon within 1,000 feet of a school.
198
	790.115(2)(b) 3rd Possessing electric weapon or device, destructive device, or other weapon on school property.
199
	790.115(2)(c) 3rd Possessing firearm on school property.
200
	800.04(7)(d) 3rd Lewd or lascivious exhibition; offender less than 18 years.
201
	810.02(4)(a) 3rd Burglary, or attempted burglary, of an unoccupied structure; unarmed; no assault or battery.
202
	810.02(4)(b) 3rd Burglary, or attempted burglary, of an unoccupied conveyance; unarmed; no assault or battery.
203
	810.06 3rd Burglary; possession of tools.
204
	810.08(2)(c) 3rd Trespass on property, armed with firearm or dangerous weapon.
205
	812.014(2)(c)3. 3rd Grand theft, 3rd degree $10,000 or more but less than $20,000.
206
	812.014(2)(c)4.-10. 3rd Grand theft, 3rd degree, a will, firearm, motor vehicle, livestock, etc.
207
	812.0195(2) 3rd Dealing in stolen property by use of the Internet; property stolen $300 or more.
208
	817.563(1) 3rd Sell or deliver substance other than controlled substance agreed upon, excluding s. 893.03(5) drugs.
209
	817.568(2)(a) 3rd Fraudulent use of personal identification information.
210
	817.625(2)(a) 3rd Fraudulent use of scanning device or reencoder.
211
	828.125(1) 2nd Kill, maim, or cause great bodily harm or permanent breeding disability to any registered horse or cattle.
212
	837.02(1) 3rd Perjury in official proceedings.
213
	837.021(1) 3rd Make contradictory statements in official proceedings.
214
	838.022 3rd Official misconduct.
215
	839.13(2)(a) 3rd Falsifying records of an individual in the care and custody of a state agency.
216
	839.13(2)(c) 3rd Falsifying records of the Department of Children and Family Services.
217
	843.021 3rd Possession of a concealed handcuff key by a person in custody.
218
	843.025 3rd Deprive law enforcement, correctional, or correctional probation officer of means of protection or communication.
219
	843.15(1)(a) 3rd Failure to appear while on bail for felony (bond estreature or bond jumping).
220
	874.05(1) 3rd Encouraging or recruiting another to join a criminal street gang.
221
	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).
222
	914.14(2) 3rd Witnesses accepting bribes.
223
	914.22(1) 3rd Force, threaten, etc., witness, victim, or informant.
224
	914.23(2) 3rd Retaliation against a witness, victim, or informant, no bodily injury.
225
	918.12 3rd Tampering with jurors.
226
	934.215 3rd Use of two-way communications device to facilitate commission of a crime.
227
228	Section 5.  This act shall take effect October 1, 2006.

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