Text: HSB00013 Text: HSB00015 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 598.23B UNLAWFUL INTERFERENCE 1 2 WITH VISITATION. 1 3 1. If a party to a temporary order or final decree detains 1 4 or conceals a child with the intent to deprive another person 1 5 of that person's rights to visitation, the person detaining or 1 6 concealing the child commits unlawful interference with 1 7 visitation. 1 8 2. a. A law enforcement officer who has cause to believe 1 9 that a person has committed or is committing unlawful 1 10 interference with visitation shall issue a citation to the 1 11 person. The citation shall include the name and address of 1 12 the person, the nature of the offense, the time and place at 1 13 which the person is to appear in court, and the penalty for 1 14 nonappearance. Before the cited person is released, the 1 15 person shall sign the citation as a written promise to appear 1 16 in court at the time and place specified. A copy of the 1 17 citation shall be given to the person. 1 18 b. The law enforcement officer issuing the citation shall 1 19 file a complaint in the court in which the cited person is 1 20 required to appear, as soon as practicable, charging the 1 21 person with the crime of unlawful interference with 1 22 visitation. 1 23 3. Upon failure of the cited person to appear in court, 1 24 the court shall issue an arrest warrant for the person. 1 25 4. It is an affirmative defense to unlawful interference 1 26 with visitation that any of the following conditions exist: 1 27 a. A person committed the act to protect the child from 1 28 imminent physical harm, provided that the person had a 1 29 reasonable belief that the physical harm was imminent and that 1 30 the person's conduct in withholding visitation was a 1 31 reasonable response to the physical harm reasonably believed 1 32 to be imminent. 1 33 b. The act was committed with the mutual consent of all 1 34 parties having a right to custody and visitation of the child. 1 35 c. The act is otherwise authorized by law. 2 1 5. A person who commits unlawful interference with 2 2 visitation under this section commits the following violation: 2 3 a. For a first or second offense, the person commits a 2 4 scheduled violation under section 805.8, subsection 13. 2 5 b. For a third or subsequent offense, the person commits a 2 6 serious misdemeanor. 2 7 Sec. 2. Section 805.8, Code 1999, is amended by adding the 2 8 following new subsection: 2 9 NEW SUBSECTION. 13. UNLAWFUL INTERFERENCE WITH 2 10 VISITATION. For a first violation under section 598.23B, the 2 11 scheduled fine is one hundred dollars. For a second violation 2 12 under section 598.23B, the scheduled fine is two hundred 2 13 dollars. 2 14 Sec. 3. Section 805.10, Code 1999, is amended by adding 2 15 the following new subsection: 2 16 NEW SUBSECTION. 2A. When the violation charged is 2 17 unlawful interference with visitation under section 598.23B. 2 18 EXPLANATION 2 19 This bill establishes the crime of unlawful interference 2 20 with visitation, the penalty for which is a scheduled fine of 2 21 $100 for a first offense, $200 for a second offense; and a 2 22 serious misdemeanor for a third or subsequent offense, for 2 23 which the punishment is a fine of at least $250, not to exceed 2 24 $1,500, and in addition may include imprisonment not to exceed 2 25 one year. Unlawful interference with visitation means 2 26 detaining or concealing a child with the intent to deprive 2 27 another person of that person's rights to visitation. The 2 28 bill also requires an appearance by the defendant before the 2 29 court on a charge of unlawful interference with visitation. 2 30 LSB 1727YC 78 2 31 pf/sc/14
Text: HSB00013 Text: HSB00015 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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