This bill aims to strengthen Idaho's child custody interference laws by clarifying enforcement duties, establishing objective timelines for compliance, and implementing a graduated penalty structure. The legislation reaffirms that child custody interference is a criminal offense distinct from kidnapping and emphasizes the importance of prompt welfare checks for children involved in custody disputes. The bill amends Section 18-4506 of the Idaho Code to define child custody interference more clearly and outlines specific defenses that can be raised against such charges.
Key amendments include the introduction of a tiered penalty system for offenses, where first and second offenses are treated as infractions with fines, while third and fourth offenses are classified as misdemeanors, and fifth or subsequent offenses are felonies. The bill also mandates law enforcement officers to verify the child's location and well-being in cases of reported custody interference and requires them to document their findings in a written report. Additionally, it allows for reasonable expenses incurred by custodians in locating a child to be assessed against the defendant. The act is set to take effect on July 1, 2026, due to an emergency declaration.
Statutes affected: Bill Text: 18-4506