Senate File 2145 - Introduced



                                       SENATE FILE       
                                       BY  WARNSTADT


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to enforcement of child custody and visitation
  2    orders.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5557XS 81
  5 pf/je/5

PAG LIN



  1  1    Section 1.  Section 710.6, Code 2005, is amended to read as
  1  2 follows:
  1  3    710.6  VIOLATING CUSTODIAL ORDER.
  1  4    1.  A relative of a child who, acting in violation of an
  1  5 order of any court which fixes, permanently or temporarily,
  1  6 the custody or physical care of the child in another, takes
  1  7 and conceals the child, within or outside the state, from the
  1  8 person having lawful custody or physical care, commits a class
  1  9 "D" felony.
  1 10    2.  A parent of a child living apart from the other parent
  1 11 who conceals that child or causes that child's whereabouts to
  1 12 be unknown to a parent with visitation rights or parental time
  1 13 in violation of a court order granting visitation rights or
  1 14 parental time and without the other parent's consent, commits
  1 15 a serious misdemeanor.
  1 16    3.  Upon the filing of a complaint of a missing person who
  1 17 is a child who is the subject of the alleged criminal activity
  1 18 described in subsection 1 or 2, the law enforcement agency
  1 19 having jurisdiction shall comply with all federal and state
  1 20 requirements relating to missing person reports involving
  1 21 children, including the provisions of chapter 694 relating to
  1 22 unemancipated minors.  Upon the filing of such complaint, the
  1 23 law enforcement agency shall notify the appropriate county
  1 24 attorney to obtain a warrant for the arrest of the alleged
  1 25 perpetrator of the criminal activity.
  1 26                           EXPLANATION
  1 27    This bill provides that in cases of violation of custodial
  1 28 orders in which the child is taken and concealed, upon the
  1 29 filing of a missing person complaint relative to the child,
  1 30 the law enforcement agency is to comply with all federal and
  1 31 state requirements relating to missing person reports
  1 32 involving children, including the provisions of Code chapter
  1 33 694 (missing persons) as it relates to unemancipated minors.
  1 34 Upon the filing of such a missing person complaint, the law
  1 35 enforcement agency is required to notify the appropriate
  2  1 county attorney to obtain a warrant for the arrest of the
  2  2 alleged perpetrator of the criminal activity.
  2  3 LSB 5557XS 81
  2  4 pf:nh/je/5