SB 1302
Initials IG Page 1 Judiciary
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
Senate: JUD DP 5-2-0-0 | 3rd Read DPA 28-0-2-0
SB 1302: child abduction from state agency
Sponsor: Senator Farnsworth, LD 10
Committee on Judiciary
Overview
Lowers the sentencing classification for the abduction of a child from a state agency from a
felony to a class 1 misdemeanor if specified circumstances apply.
History
A person commits abduction of a child from a state agency if, knowing or having reason to
know that the child is lawfully in a state agency's custody, the person: 1) takes, entices or
keeps the child from the custody of the agency (which is a class 3, 4 or 6 felony depending on
the circumstances of the offense); or 2) intentionally fails or refuses to immediately return or
impedes the immediate return of a child to a state agency's custody, including at the
expiration of visitation or access (which is a class 5 felony). For purposes of this offense, state
agency means the Department of Child Safety or the Department of Juvenile Corrections
(A.R.S. § 13-1310).
Provisions
1. Reduces the classification for the abduction of a child from a state agency from a felony
to a class 1 misdemeanor if all the following apply:
a) the child has voluntarily and without consent left the placement location;
b) the person who fails or refuses to return the child is the child's natural or adoptive
parent;
c) the person's motive for keeping the child is to protect and care for the child. (Sec. 1)
2. Makes a conforming change. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note