SB480: SB480 "Georgia Custodial Interference Reform Act"; enact

26 LC 49 2524 Senate Bill 480 By: Senators Albers of the 56th, Robertson of the 29th and Dickerson of the 21st A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 5 of Title 16 of the Official Cod e of Georgia Annotated,1 relating to kidnapping, false imprisonment, and related offenses, so as to revise provisions2 relative to the offenses of interference with custody and interstate interference with custody;3 to require law enforcement officers to issue a citation to pers ons suspected of interference4 with custody to appear in court within a time certain to presen t properly executed5 documentation or other tangible evidence showing that such pers on's conduct was6 authorized; to require preliminary hearings within seven busine ss days of the issuance of7 such citations; to provide an applicable standard for probable cause; to make it unlawful for8 a person to present false documentation in connection with proceedings provided for in this9 Act; to provide for penalties; to revise and repeal definitions ; to provide a short title; to10 provide for related matters; to provide for an effective date a nd applicability; to repeal11 conflicting laws; and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 This Act shall be known and may be cited as the "Georgia Custod ial Interference Reform15 Act."16 S. B. 480 - 1 - 26 LC 49 2524 SECTION 2.17 Article 3 of Chapter 5 of Title 16 of the Official Code of Geor gia Annotated, relating to18 kidnapping, false imprisonment, and related offenses, is amende d by revising Code19 Section 16-5-45, relating to interference with custody, as follows:20 "16-5-45.21 (a) As used in this Code section, the term:22 (1) 'Child' means any individual who is under the age of 17 18 years or any individual23 who is under the age of 18 years who is alleged to be a dependent child or a child in need24 of services as such terms are defined in Code Section 15-11-2.25 (2) 'Committed person' means any child or other person whose c ustody is entrusted to26 another individual by authority of law.27 (3) 'Lawful custody' means that custody inherent in the natural p arents, that custody28 awarded by proper authority as provided in Code Section 15-11-1 33, or that custody29 awarded to a parent, guardian, or other person by a court of competent jurisdiction.30 (4)(3) 'Service provider' means an entity that is registered with the Department of Human31 Services pursuant to Article 7 of Chapter 5 of Title 49 or a ch ild welfare agency as32 defined in Code Section 49-5-12 or an agent or employee acting on behalf of such entity33 or child welfare agency.34 (b)(1) A person commits the offense of interference with custody when without lawful35 authority to do so, the person:36 (A) Knowingly knowingly or recklessly takes, retains, or entices any child or37 committed person away from the individual, parent, or legal custodian who, pursuant38 to a valid court order, has lawful custody of such child or committed person or is39 exercising a current right of visitation of such child.;40 (2)(A)(i) When a law enforcement officer has probable cause to believe that a person41 has interfered with custody in violation of this subsection, the law enforcement officer42 shall issue to such person a citation ordering the person to ap pear at the magistrate43 S. B. 480 - 2 - 26 LC 49 2524 court of the county having jurisdiction within 72 hours, excluding weekends and legal44 holidays, and present to the presiding judge of the magistrate court or, if directed by45 the presiding judge, to the clerk of the magistrate court prope rly executed46 documentation or other tangible evidence showing that the condu ct for which such47 person was issued a citation under this subparagraph was authorized.48 (ii) For purposes of determining probable cause under this par agraph, a law49 enforcement officer shall be authorized to rely upon a custody order or parenting plan50 issued by a court of competent jurisdiction that is facially va lid, together with the51 officer's observation or credible information indicating that a child has been taken or52 retained beyond the lawful period of visitation or parenting ti me specified in such53 order or plan. Such order or plan shall be deemed facially val id if stamped or54 otherwise endorsed as 'filed' or otherwise certified by the cle rk of the court of55 competent jurisdiction.56 (B) A preliminary hearing on the citation shall be held within seven business days of57 the date such citation was issued pursuant to subparagraph (A) of this paragraph to58 consider the matter.59 (3) A person who commits the offense of interference with custody shall:60 (A) Upon the first conviction thereof, be guilty of a misdemea nor and shall be61 punished by a fine not to exceed $1,000.00 or by imprisonment f or not more than 1262 months, or both;63 (B) Upon the second conviction thereof, be guilty of a misdeme anor of a high and64 aggravated nature and shall be punished by a fine of not less than $1,000.00 nor more65 than $5,000.00 or by imprisonment for not more than 12 months, or both; and66 (C) Upon the third or subsequent conviction thereof, be guilty of a felony and shall be67 punished by imprisonment for not less than one nor more than five years and a fine not68 to exceed $5,000.00.69 (4) In any criminal proceeding under this subsection, the venue shall be proper in:70 S. B. 480 - 3 - 26 LC 49 2524 (A) The county where the custody order was issued;71 (B) The county where the child was to have been transferred pursuant to the custody72 order; or73 (C) The county where the child was unlawfully taken or retained.74 (B)(5) This subsection Knowingly harbors any committed person who has absconded;75 provided, however, that this subparagraph shall not apply to a service provider that76 notifies the child's parent, guardian, or legal custodian of the child's location and general77 state of well being as soon as possible but not later than 72 h ours after the child's78 acceptance of services; provided, further, that such notification shall not be required if:79 (i)(A) The service provider has reasonable cause to believe that the minor child has80 been abused or neglected and makes a child abuse report pursuan t to Code81 Section 19-7-5;82 (ii)(B) The child will not disclose the name of the child's parent, g uardian, or legal83 custodian, and the Division of Family and Children Services within the Department of84 Human Services is notified within 72 hours of the child's acceptance of services; or85 (iii)(C) The child's parent, guardian, or legal custodian cannot be re ached, and the86 Division of Family and Children Services within the Department of Human Services87 is notified within 72 hours of the child's acceptance of services; or88 (C) Intentionally and willfully retains possession within this state of the child or89 committed person upon the expiration of a lawful period of visitation with the child or90 committed person.91 (2) A person convicted of the offense of interference with custody shall be punished as92 follows:93 (A) Upon conviction of the first offense, the defendant shall be guilty of a94 misdemeanor and shall be fined not less than $200.00 nor more than $500.00 or shall95 be imprisoned for not less than one month nor more than five months, or both fined and96 imprisoned;97 S. B. 480 - 4 - 26 LC 49 2524 (B) Upon conviction of the second offense, the defendant shall be guilty of a98 misdemeanor and shall be fined not less than $400.00 nor more than $1,000.00 or shall99 be imprisoned for not less than three months nor more than 12 m onths, or both fined100 and imprisoned; and101 (C) Upon the conviction of the third or subsequent offense, th e defendant shall be102 guilty of a felony and shall be punished by imprisonment for not less than one nor more103 than five years.104 (c)(1) A person commits the offense of interstate interference with custody when without105 lawful authority to do so the person knowingly removes a child from the state in violation106 of a lawful court order. A person who commits the offense of interstate interference shall107 be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for108 not less than one nor more than five years and a fine not to exceed $5,000.00. knowingly109 or recklessly takes or entices any minor or committed person away from the individual who110 has lawful custody of such minor or committed person and in so doing brings such minor111 or committed person into this state or removes such minor or committed person from this112 state.113 (2) A person also commits the offense of interstate interferen ce with custody when the114 person removes a minor or committed person from this state in t he lawful exercise of a115 visitation right and, upon the expiration of the period of lawf ul visitation, intentionally116 retains possession of the minor or committed person in another state for the purpose of117 keeping the minor or committed person away from the individual having lawful custody118 of the minor or committed person. The offense is deemed to be committed in the county119 to which the minor or committed person was to have been returned upon expiration of the120 period of lawful visitation.121 (3) A person convicted of the offense of interstate interference with custody shall be guilty122 of a felony and shall be imprisoned for not less than one year nor more than five years.123 S. B. 480 - 5 - 26 LC 49 2524 (d)(1) It shall be unlawful for any person to knowingly alter, conceal, cover up, or create124 a document and present any document in connection with proceedings under this Code125 section knowing or having reason to know that such document has been altered or126 contains a materially false, fictitious, or fraudulent statement or representation.127 (2) Any person who violates paragraph (1) of this subsection shall be guilty of a felony128 and, upon conviction thereof, shall be punished by imprisonment of not less than one nor129 more than ten years, a fine not to exceed $10,000.00, or both."130 SECTION 3.131 This Act shall become effective on July 1, 2026, and shall apply to all offenses committed132 on or after such date.133 SECTION 4.134 All laws and parts of laws in conflict with this Act are repealed.135 S. B. 480 - 6 -