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Introduced Version House Bill 4430 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4430


(By Delegates Stalnaker, Stephens, Reynolds,

Kessler, Rodighiero, Azinger, Moye, Eldridge and J. Miller)

[Introduced February 5, 2008; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §61-2-14d of the Code of West Virginia, 1931, as amended, relating to providing a misdemeanor penalty if a person fails to make a reasonable good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation.

Be it enacted by the Legislature of West Virginia:

That §61-2-14d of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. CRIMES AGAINST THE PERSON.

§61-2-14d. Failure to provide or return minor child for visitation period, providing false or fictitious information or assisting in concealing a minor child, concealment or removal of minor child from custodian or from person entitled to visitation; penalties; defenses.
(a) Any person who conceals, takes or removes a minor child in violation of any court order an with the intent to deprive another person of lawful custody or visitation right shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years, or in the discretion of the court, shall be imprisoned in the county jail not more than one year of fined not more than one thousand dollars, or both fined and imprisoned. Any person who fails to make a reasonable, good faith effort to provide or return a minor child in a timely manner at the commencement or expiration of any lawful custody or visitation period, or any person who provides false or fictitious information or who withholds information from any law-enforcement agency, or conceals, attempts to conceal, or assists another person in concealing or attempting to conceal, a minor child at the commencement or expiration of any lawful custody or visitation period is, for first offense, guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for not more than ten days or fined not more than one hundred dollars and may be ordered to pay any resulting court costs, or both fined and imprisoned; for the second offense, the person is guilty of a misdemeanor and, upon conviction thereof, shall be imprisoned in jail not more than thirty days or fined not less than one hundred dollars nor more than five hundred dollars and may be ordered to pay any resulting court costs, or both fined and imprisoned; for the third or any subsequent offense, the person is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, or in the discretion of the court, shall be imprisoned in jail not more than one year or fined not more than one thousand dollars and may be ordered to pay any resulting court costs, or both fined and imprisoned: Provided, That if the minor child is retained more than twenty-four hours after the excoriation of any lawful custody or visitation period or is removed from the state during such period the felony offense provision under subsections (b) and/or (c) of this section shall apply.
(b) Any person who violates this section and in so doing removes the minor child from this state or conceals the minor child in another state shall be guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years, or fined not more than one thousand dollars, or both fined and imprisoned.
Any person who conceals, takes or removes a minor child in violation of any court order and with the intent to deprive another person of lawful custody or visitation right shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, or in the discretion of the court, shall be imprisoned in jail not more than one year or fined not more than one thousand dollars and may be ordered to pay any resulting court costs, or both fined and imprisoned.
(c) It shall be a defense under this section that the accused reasonably believed such action was necessary to preserve the welfare of the minor child. The mere failure to return a minor child at the expiration of any lawful custody or visitation period without the intent to deprive another person of lawful custody or visitation rights shall not constitute an offense under this section. Any person who violates this section and in so doing removes the minor child from this state or conceals the minor child in another state shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility not less than one nor more than five years, or fined not more than one thousand dollars and may be ordered to pay any resulting court costs, or both fined and imprisoned.
(d) It is a defense under this section that the accused reasonably believed such action was necessary to preserve the safety and welfare of the minor child. The mere failure to return a minor child at the expiration of any lawful custody or visitation period does not constitute an offense under this section if there is a reasonable, good faith attempt to return a minor child in a timely manner. It shall be the intent of the section to enforce the court order and not subject the minor child to the custody dispute, therefore the age and/or desires of the minor child shall not be used to constitute a defense under this section.
(e) When any law-enforcement officer observes credible evidence that the accused has committed a violation of this article in knowing and willful violation of the terms of any court order he or she shall immediately enforce the court order and initiate a criminal investigation. It shall be the intent of this section to preserve the minor child's right to access any person granted lawful custody or visitation.




NOTE: The purpose of this bill is to provide a misdemeanor penalty if a person fails to make a reasonable, good faith attempt to return a minor child in a timely manner at the expiration of a lawful custody or visitation period.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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