REFERENCE TITLE: child abduction from state agency

State of Arizona

Senate

Fifty-sixth Legislature

Second Regular Session

2024

SB 1302

Introduced by

Senator Farnsworth

An Act

amending section 13-1310, Arizona Revised Statutes; relating to kidnapping.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-1310, Arizona Revised Statutes, is amended to read:

START_STATUTE13-1310. Abduction of child from a state agency; classification; definition

A. A person commits abduction of a child from a state agency if, knowing or having reason to know that a child is entrusted by authority of law to the custody of a state agency, the person does either of the following:

1. Takes, entices or keeps the child from the lawful custody of the state agency.

2. Intentionally fails or refuses to immediately return or impedes the immediate return of a child to the lawful custody of the state agency, including at the expiration of visitation or access.

B. A violation of subsection A, paragraph 2 of this section is a class 5 felony, except that it is a class 1 misdemeanor if the person who fails or refuses to return the child is the child's biological parent and the person's motive for keeping the child is to protect and care for the child.  A violation of subsection A, paragraph 1 of this section is:

1. A class 3 felony if the child is taken, enticed or kept from the lawful custody of the state agency and is taken outside of this state.

2. A class 4 felony if the child is taken, enticed or kept from the lawful custody of the state agency but the child remains in this state at all times.

3. A class 6 felony if the person voluntarily returns the child without physical injury not later than forty-eight hours after the person takes, entices or keeps the child from the lawful custody of the state agency.

4. a class 1 misdemeanor if the person who takes the child is the child's biological parent and the person's motive for taking the child is to protect and care for the child. 

C. For the purposes of this section, "state agency" means the department of child safety or the department of juvenile corrections. END_STATUTE