The proposed bill SB1302 amends Arizona Revised Statutes section 13-1310, which addresses the crime of child abduction from a state agency. Under current law, a violation of this statute is classified as a class 5 felony. The new bill reduces the penalty to a class 1 misdemeanor under specific conditions: if the child has voluntarily left the placement location without consent, the person failing to return the child is the child's natural or adoptive parent, and their motive for keeping the child is to protect and care for them.
Additionally, the bill outlines that the same class 1 misdemeanor classification applies to cases where a person takes, entices, or keeps a child from lawful custody, provided the same conditions are met. This change aims to lessen the legal repercussions for parents in situations where their actions are motivated by a desire to care for their child, rather than malicious intent.
Statutes affected: Introduced Version: 13-1310
Senate Engrossed Version: 13-1310
Chaptered Version: 13-1310