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House Study Bill 14

Bill Text

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
     

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