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HB 270 - Interference with custody; redefine offense

Squires, Mary (78th)	Martin, Jim (47th)	Buckner, Gail M (95th)
Trense, Sharon (44th)	O'Neal, Earl L (75th)	Hugley, Carolyn F (133rd)

Status Summary	HC:	Judy	SC:		FR:	01/27/99	LA:	01/28/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to kidnapping, false imprisonment, and related offenses, so as to provide that a person who retains possession of a child or committed person after the expiration of a period of lawful custody shall be guilty of the offense of interference with custody; and for other purposes.

Code Sections - 16-5-45

HB 270                                             LC 21 5211 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 3 of Chapter 5 of Title 16 of the Official 
  1- 2  Code of Georgia Annotated, relating to kidnapping, false 
  1- 3  imprisonment, and related offenses, so as to provide that a 
  1- 4  person who retains possession of  a child or committed 
  1- 5  person after the expiration of a period of lawful custody 
  1- 6  shall be guilty of the offense of interference with custody; 
  1- 7  to repeal conflicting laws; and for other purposes. 
 
  1- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1- 9                           SECTION 1. 
 
  1-10  Article 3 of Chapter 5 of Title 16 of the Official Code of 
  1-11  Georgia Annotated, relating to kidnapping, false 
  1-12  imprisonment, and related offenses, is amended by striking 
  1-13  in its entirety Code Section 16-5-45, relating to the 
  1-14  offense of interference with custody, and inserting in lieu 
  1-15  thereof the following: 
 
  1-16    "16-5-45. 
 
  1-17    (a) As used in this Code section, the term: 
 
  1-18      (1)(2) 'Child' means any individual who is under the age 
  1-19      of 17 years or any individual who is under the age of 18 
  1-20      years who is alleged to be a deprived child as such is 
  1-21      defined in Code Section 15-11-2, relating to juvenile 
  1-22      proceedings. 
 
  1-23      (2)(1) 'Committed person' means any child or other 
  1-24      person whose custody is entrusted to another individual 
  1-25      by authority of law. 
 
  1-26      (3) 'Lawful custody' means that custody inherent in the 
  1-27      natural parents, that custody awarded by proper 
  1-28      authority as provided in Code Section 15-11-17, or that 
  1-29      custody awarded to a parent, guardian, or other person 
  1-30      by a court of competent jurisdiction. 
 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (b)(1) A person commits the offense of interference with 
  2- 2      custody when without lawful authority to do so the 
  2- 3      person: 
 
  2- 4        (A) Knowingly or recklessly takes or entices any child 
  2- 5        or committed person away from the individual who has 
  2- 6        lawful custody of such child or committed person; 
 
  2- 7        (B) Knowingly harbors any child or committed person 
  2- 8        who has absconded; or 
 
  2- 9        (C) Intentionally and willfully retains possession 
  2-10        within this state of the child or committed person 
  2-11        upon the expiration of a lawful period of visitation 
  2-12        with the child or committed person.; or 
 
  2-13        (D) Intentionally and willfully retains possession 
  2-14        within this state of the child or committed person 
  2-15        upon the expiration of a lawful period of custody of 
  2-16        the child or committed person. 
 
  2-17      (2) A person convicted of the offense of interference 
  2-18      with custody shall be punished as follows: 
 
  2-19        (A) Upon conviction of the first offense, the 
  2-20        defendant shall be guilty of a misdemeanor and shall 
  2-21        be fined not less than $200.00 nor more than $500.00 
  2-22        or shall be imprisoned for not less than one month nor 
  2-23        more than five months, or both fined and imprisoned; 
 
  2-24        (B) Upon conviction of the second offense, the 
  2-25        defendant shall be guilty of a misdemeanor and shall 
  2-26        be fined not less than $400.00 nor more than $1,000.00 
  2-27        or shall be imprisoned for not less than three months 
  2-28        nor more than 12 months, or both fined and imprisoned; 
  2-29        and 
 
  2-30        (C) Upon the conviction of the third or subsequent 
  2-31        offense, the defendant shall be guilty of a felony and 
  2-32        shall be punished by imprisonment for not less than 
  2-33        one nor more than five years. 
 
  2-34      (c)(1) A person commits the offense of interstate 
  2-35      interference with custody when without lawful authority 
  2-36      to do so the person knowingly or recklessly takes or 
  2-37      entices any minor or committed person away from the 
  2-38      individual who has lawful custody of such minor or 
  2-39      committed person and in so doing brings such minor or 
  2-40      committed person into this state or removes such minor 
  2-41      or committed person from this state. 
 
 
 
                                 -2- 
 
 
 
  3- 1      (2) A person also commits the offense of interstate 
  3- 2      interference with custody when the person removes a 
  3- 3      minor or committed person from this state in the lawful 
  3- 4      exercise of a visitation or custodial right and, upon 
  3- 5      the expiration of the period of lawful visitation or 
  3- 6      custody, intentionally retains possession of the minor 
  3- 7      or committed person in another state for the purpose of 
  3- 8      keeping the minor or committed person away from the 
  3- 9      individual having lawful custody of the minor or 
  3-10      committed person.  The offense is deemed to be committed 
  3-11      in the county to which the minor or committed person was 
  3-12      to have been returned upon expiration of the period of 
  3-13      lawful visitation or custody. 
 
  3-14      (3) A person convicted of the offense of interstate 
  3-15      interference with custody shall be guilty of a felony 
  3-16      and shall be imprisoned for not less than one year nor 
  3-17      more than five years." 
 
  3-18                           SECTION 2. 
 
  3-19  All laws and parts of laws in conflict with this Act are 
  3-20  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-