HLS 15RS-996 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 493
BY REPRESENTATIVE PATRICK WILLIAMS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME: Creates the crime of violation of a child custody or visitation order
1 AN ACT
2To enact R.S. 14:45.2, relative to a violation of a child custody or visitation order; to create
3 the crime of violation of a child custody or visitation order; to provide for the
4 elements of the offense; to provide for criminal penalties; to provide for a defense
5 to prosecution; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 14:45.2 is hereby enacted to read as follows:
8 ยง45.2. Violation of a child custody or visitation order
9 A. A violation of a child custody or visitation order occurs when a person
10 who has a right of custody or a right of visitation pursuant to a court order does any
11 of the following:
12 (1) Intentionally fails to comply with the provisions of the order by
13 preventing or interfering with child visitation, custody, or time rights pursuant to the
14 terms of a court-ordered schedule.
15 (2) Intentionally inhibits or prevents another person with a right of custody
16 or visitation from exercising that right.
17 (3) Intentionally takes, entices, or decoys away a child with the intent to
18 detain or conceal the child from a person having a right of custody or visitation
19 pursuant to a court order or from a person entrusted with the care of the child by a
20 parent having custody or visitation rights pursuant to a court order.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-996 ORIGINAL
HB NO. 493
1 B. Whoever violates a child custody or visitation order pursuant to the
2 provisions of this Section shall be fined not more than five hundred dollars,
3 imprisoned for not more than thirty days, or both.
4 C.(1) Nothing in this Section limits the liability imposed pursuant to any
5 other provision of law upon a person who fails to comply with a custody or visitation
6 order.
7 (2) Nothing in this Section limits the ability of a person to seek enforcement
8 of a custody or visitation order pursuant to any other provision of law.
9 D. It is a defense to prosecution for a violation of this Section that the
10 violation of the child custody or visitation order was by mutual consent of the
11 parents, beyond the control of the defendant, necessary to protect the welfare of the
12 child, or for other good cause shown.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 493 Original 2015 Regular Session Patrick Williams
Abstract: Creates the crime of violation of a child custody or visitation order, provides a
defense to prosecution, and provides criminal penalties including a fine of up to
$500, imprisonment for not more than 30 days, or both.
Present law (R.S. 9:331 et seq.) provides for the issuance of a child custody or visitation
order by the court which defines the custody or visitation rights of each parent subject to the
order.
Present law (R.S. 9:343) provides for procedures by which a judge is authorized to issue a
civil warrant directed to law enforcement authorities to return a child to the custodial parent
if the other parent removes or fails to return the child.
Present law (R.S. 9:346) provides a right of action against a parent who fails to exercise or
allow child visitation, custody, or time rights pursuant to the terms of a court-ordered
schedule. Present law further provides that if the petitioner prevails, the defendant shall be
held in contempt of court and the court shall award the petitioner certain court costs, attorney
fees, and reimbursement on expenses incurred as a result of the defendant's failure to
exercise or allow child visitation, custody, or time rights.
In addition, present law (R.S. 9:346) authorizes the court to award a reasonable penalty to
the petitioner against the defendant upon a finding that the failure to allow or exercise
visitation, custody, or time rights pursuant to the terms of a court-ordered visitation schedule
was intended to harass the petitioner.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 15RS-996 ORIGINAL
HB NO. 493
Finally, present law (R.S. 9:346) provides that it shall be a defense that the failure to allow
or exercise child visitation rights pursuant to a court-ordered schedule was by mutual
consent, beyond the control of the defendant, or for other good cause shown.
Proposed law provides that violation of a child custody or visitation order occurs when a
person who has a right of custody or a right of visitation pursuant to a court order does any
of the following:
(1)Intentionally fails to comply with the provisions of the order by preventing or
interfering with child visitation, custody, or time rights pursuant to the terms of a
court-ordered schedule.
(2)Intentionally inhibits or prevents another person with a right of custody or visitation
from exercising that right.
(3) Intentionally takes, entices, or decoys away a child with the intent to detain or
conceal the child from a person having a right of custody or visitation pursuant to a
court order or from a person entrusted with the care of the child by a parent having
custody or visitation rights pursuant to a court order.
Provides that whoever violates a child custody or visitation order pursuant to proposed law
shall be fined not more than $500, imprisoned for up to 30 days, or both.
Provides that nothing in proposed law limits the liability imposed pursuant to any other
provision of law for the failure to comply with a custody or visitation order or limits the
ability of a person to seek enforcement of a custody or visitation order pursuant to any other
provision of law.
Proposed law provides that it is a defense to prosecution that the violation of the child
custody or visitation order was by mutual consent of the parents, beyond the control of the
defendant, necessary to protect the welfare of the child, or for other good cause shown.
(Adds R.S. 14:45.2)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.