SB1319113th GA (Historical)Introduced

Amends TCA Title 36, Chapter 6 and Title 39, Chapter 13, Part 3.

Present law provides that the offense of custodial interference occurs when a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than 18 years of age does the following: (1) Removes the child from this state knowing that the removal violates a child custody determination, the rightful custody of a mother, or a temporary or permanent judgment or court order regarding the custody or care of the child; (2) Detains the child within this state or removes the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother, or a temporary or permanent judgment or a court order regarding the custody or care of the child; (3) Harbors or hides the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother, or a temporary or permanent judgment or a court order; (4) Detains the child within or removes the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or (5) Acts as an accessory to any act prohibited by (1)-(4). This bill adds to the list above harboring or hiding the child within, or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. This bill clarifies that it is not a defense to a violation of this that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.

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Overview

Present law provides that the offense of custodial interference occurs when a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than 18 years of age does the following: (1) Removes the child from this state knowing that the removal violates a child custody determination, the rightful custody of a mother, or a temporary or permanent judgment or court order regarding the custody or care of the child; (2) Detains the child within this state or removes the child from this state after the expiration of the noncustodial natural or adoptive parent or guardian's lawful period of visitation, with the intent to violate the rightful custody of a mother, or a temporary or permanent judgment or a court order regarding the custody or care of the child; (3) Harbors or hides the child within or outside this state, knowing that possession of the child was unlawfully obtained by another person in violation of the rightful custody of a mother, or a temporary or permanent judgment or a court order; (4) Detains the child within or removes the child from this state during the noncustodial parent's lawful period of visitation, with the intent to violate the court-ordered visitation of the noncustodial parent, or a temporary or permanent judgment regarding visitation with the child; or (5) Acts as an accessory to any act prohibited by (1)-(4). This bill adds to the list above harboring or hiding the child within, or outside this state, knowing that the child has been placed in the custody of the department of children's services pursuant to a protective custody order or an emergency custody order entered by a court. This bill clarifies that it is not a defense to a violation of this that the person harboring or hiding the child has not been served with an actual copy of a protective custody order or emergency custody order.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 31, 2023

Subjects
12100763

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