06 LC
14 9285
House
Bill 968
By:
Representatives Heard of the
104th,
Ehrhart of the
36th,
Ralston of the
7th,
and Fleming of the
117th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 5 of Title 16 of the Official Code of Georgia
Annotated, relating to kidnapping, false imprisonment, and related criminal
offenses, so as to change provisions relating to the crimes of interference with
custody and interstate interference with custody; to redefine the elements of
such offenses and add circumstances constituting such offenses, including but
not limited to interference with custody where there has been no custody order
and interference with visitation rights; to require certain reimbursement by
certain offenders; to provide that a law enforcement agency which does not
report to the state a missing person report made to it may be subject to a civil
penalty; to provide for other related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
3 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating
to kidnapping, false imprisonment, and related criminal offenses, is amended by
striking Code Section 16-5-45, relating to criminal interference with custody,
and inserting in its place a new Code section to read as follows:
∀16-5-45.
(a)
As used in this Code section, the term:
(1)
'Child' means any individual who is under the age of 17 years or any individual
who is under the age of 18 years who is alleged to be a deprived child as such
is defined in Code Section 15-11-2, relating to juvenile
proceedings.
(2)
'Committed person' means any child or other person whose custody is entrusted to
another individual by authority of law.
(3)
'Lawful custody' means that custody inherent in the natural parents, that
custody awarded by proper authority as provided in Code Section 15-11-45, or
that custody awarded to a parent, guardian, or other person by a court of
competent jurisdiction.
(b)(1)
A person commits the offense of interference with custody when without lawful
authority to do so the person:
(A)
Knowingly or
recklessly takes or entices any child or committed person away from another
person having equal or greater rights to the child or committed person when
there has been no award of custody between the parties by a court of competent
jurisdiction;
(B)
Knowingly or recklessly takes or entices any child or committed person away from
the individual who has lawful custody of such child or committed person
as awarded by
a court of competent
jurisdiction;
(C)
Intentionally and willfully denies to a parent or other person such
persońs
exercise of visitation rights with a child or committed person where such rights
have been awarded by a court of competent jurisdiction;
(B)(D)
Knowingly harbors any child or committed person who has absconded;
or
(C)(E)
Intentionally and willfully retains possession within this state of the child or
committed person upon the expiration of a lawful period of visitation with the
child or committed person.
(2)
A person convicted of the offense of interference with custody shall be punished
as follows:
(A)
Upon conviction of the first offense, the defendant shall be guilty of a
misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or
shall be imprisoned for not less than one month nor more than five months, or
both fined and imprisoned;
(B)
Upon conviction of the second offense, the defendant shall be guilty of a
misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or
shall be imprisoned for not less than three months nor more than 12 months, or
both fined and imprisoned; and
(C)
Upon the conviction of the third or subsequent offense, the defendant shall be
guilty of a felony and shall be punished by imprisonment for not less than one
nor more than five years.
(3)
Upon conviction of a second or subsequent offense, the party shall be required
to reimburse the parent or other person from whose custody the child or
committed person was taken for any expenses incurred in searching for the child
or committed person and any
attorneýs
fees incurred in seeking the return of the child or committed person. Such
amounts shall be determined as provided in Article 1 of Chapter 14 of Title 17,
relating to restitution to victims in criminal cases.
(c)(1)
A person commits the offense of interstate interference with custody when
without lawful authority to do so the person knowingly or recklessly takes or
entices any minor or committed person away from the individual who has lawful
custody of such minor or committed person and in so doing brings such minor or
committed person into this state or removes such minor or committed person from
this state.
(2)
A person also commits the offense of interstate interference with custody when
the person removes a minor or committed person from this state in the lawful
exercise of a visitation right and, upon the expiration of the period of lawful
visitation, intentionally retains possession of the minor or committed person in
another state for the purpose of keeping the minor or committed person away from
the individual having lawful custody of the minor or committed person. The
offense is deemed to be committed in the county to which the minor or committed
person was to have been returned upon expiration of the period of lawful
visitation.
(3)
A person also commits the offense of interstate interference with custody when
the person removes a minor or committed person from this state and thereby
denies to a parent or other person such
persońs
exercise of visitation rights with a minor or committed person where such rights
have been awarded by a court of competent jurisdiction.
(4)
A person also commits the offense of interstate interference with custody when
the person removes a minor or committed person from this state and from another
person having equal or greater rights to the minor or committed person when
there has been no award of custody between the parties by a court of competent
jurisdiction.
(3)(5)
A person convicted of the offense of interstate interference with custody shall
be guilty of a felony and shall be imprisoned for not less than one year nor
more than five years.
(d)
If a law enforcement agency willfully fails to make a report to the Georgia
Bureau of Investigation when a child is reported missing to the law enforcement
agency under any provision of this Code section, the law enforcement agency
shall be subject to a civil penalty not to exceed $1,000.00 to be imposed by the
Georgia Peace Officers Standards and Training Council in proceedings subject to
Chapter 13 of Title 50, the 'Georgia Administrative Procedure
Act.'∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.