Assigned to JUD AS PASSED BY COW
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR S.B. 1302
child abduction from state agency
Purpose
Reduces the penalty, from a felony to a class 1 misdemeanor, for a person who commits
abduction of a child from a state agency if the person who fails or refuses to return the child is the
child's natural or adoptive parent, the child has voluntarily and without consent left the placement
location and the person's motive for keeping the child is to protect and care for the child.
Background
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:
1) takes, entices or keeps the child from the lawful custody of the state agency; or 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 (A.R.S. § 13-1310).
A class 1 misdemeanor carries a maximum imprisonment sentence of six months and a
civil penalty of not more than $2,500 (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Reduces the penalty, from a class 5 felony to a class 1 misdemeanor, for a person who commits
abduction of a child from a state agency by intentionally failing or refusing to immediately
return or impeding the immediate return of a child to the lawful custody of the state, agency,
including at the expiration of visitation or access, if the:
a) person who fails or refuses to return the child is the child's natural or adoptive parent;
b) child has voluntarily and without consent left the placement location; and
c) person's motive for keeping the child is to protect and care for the child.
2. Reduces the penalty, from an outlined felony to a class 1 misdemeanor, for a person who
commits abduction of a child from a state agency by taking, enticing or keeping the child from
the lawful custody of the state agency, if the:
a) person who fails or refuses to return the child is the child's natural or adoptive parent;
b) child has voluntarily and without consent left the placement location; and
c) person's motive for keeping the child is to protect and care for the child.
3. Makes conforming changes. FACT SHEET – Amended
S.B. 1302
Page 2
4. Becomes effective on the general effective date.
Amendments Adopted by Committee of the Whole
1. Adds, to the criteria that a person must fulfill in order to lower the penalty for abducting a
child from a state agency from a felony to a class 1 misdemeanor, to include that:
a) the child has voluntarily and without consent left the placement location; and
b) the person who fails or refuses to return the child is the child's natural or adoptive parent.
2. Makes conforming changes.
Senate Action
JUD 2/8/24 DP 5-2-0
Prepared by Senate Research
February 27, 2024
ZD/SB/cs