BILL ANALYSIS
AB 2936
Date of Hearing: May 8, 1996
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Charles Poochigian, Chair
AB 2936 (Cunneen) - As Amended: 3/27/96
Policy Committee: PUB. S. Vote: 13-0
(Consent)
State Mandated Local Program: YesReimbursable: No Urgency:
No
SUMMARY
Enacts the Parental Kidnaping Prevention Act.
Specifically, this bill:
1) Authorizes the court, upon request of the district attorney, to
issue a protective order to secure the recovery of an abducted
child. The request of the district attorney must include a
written declaration that the warrant for the child is necessary
in order for the district attorney to perform his or her
statutory duties to take all actions necessary to locate a
child for purposes of adjudicating custody and enforcing
custody or visitation orders.
2) Consolidates two child abduction offenses so that every person
who abducts a child from a lawful custodian or person having
visitation rights and maliciously deprives that other person of
his or her right to physical custody or visitation shall be
punishable by imprisonment in a county jail for not more than
one year, a fine not exceeding $1,000, or both, or by
imprisonment in the state prison for 16 months, two or three
years, a fine not exceeding $10,000, or both.
3) Provides that every person, not having a right to custody, who
abducts a child with the intent to detain or conceal that child
from a lawful custodian shall be punished by imprisonment in a
county jail for not more than one year, a fine not exceeding
$1,000, or both, or by imprisonment in the state prison for
two, three, four years, a fine not exceeding $10,000, or both.
4) Enumerates several aggravating factors the court must consider
when sentencing someone under the above provisions, including:
a) The child was exposed to a substantial risk of physical
injury or illness;
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b) The defendant inflicted or threatened to inflict physical
harm on a
parent or lawful custodian of the child or on the child at the
time of or during the abduction;
c) The defendant harmed or abandoned the child during the
abduction;
d) The child was taken, enticed away, kept, withheld, or
concealed outside the United States;
e) The child has not been returned to the lawful custodian;
f) The defendant previously abducted or threatened to abduct
the child;
g) The defendant substantially altered the appearance or the
name of the child;
h) The defendant denied the child appropriate education during
the abduction;
i) The length of the abduction; and
j) The age of the child.
5) Provides that the court must consider the following mitigating
factors when sentencing a defendant under the above child
abduction provisions:
a) The defendant returned the child unharmed and prior to
arrest or issuance of a warrant for arrest, whichever is first;
and
b) The defendant provided information and assistance leading to
the child's safe return.
6) Authorizes a peace officer to take a minor child into protective
custody under any of the following circumstances:
a) It reasonably appears to the officer that a person is likely
to conceal the child, flee the jurisdiction with the child,
or, by flight or concealment, evade the authority of the
court.
b) There is no lawful custodian available to take custody of
the child.
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c) There are conflicting custody orders or conflicting claims
to custody and the parties cannot agree which party should take
custody of the child.
d) The child is an abducted child.
7) Makes various clarifying amendments to relevant child abduction
provisions.
FISCAL EFFECT
Department of Corrections was unable to determine if the provisions
of this bill would result in any new persons being admitted to
prison. As a majority of the language appears to be either
conforming or clarifying, staff estimate this bill would have a
minor General Fund fiscal impact for the Department of Corrections.
Unknown, but probably minor local government costs for enforcement
and the incarceration of offenders.
Court Costs: The Judicial Council estimates this bill would have a
minor fiscal impact on the court system resulting from the
administration of warrants and the prosecution of a small pool of
offenders.
Mandates: Any costs incurred by local government as a result the
mandate in this bill would not be state reimbursable because the
only costs which may be incurred by a local agency will be incurred
because this act creates a new crime or infraction, changes the
definition of a crime or infraction, changes the penalty for a crime
or infraction, or eliminates a crime or infraction. Any costs
incurred by the courts would not be state reimbursable because
counties will receive funding under the Brown-Presley Trial Court
Funding Act in lieu of reimbursement.
BACKGROUND
AB 1038 (Vasconcellos) of the 1995-96 Legislative Session, also
consolidated and clarified child abduction offenses, made similar
changes to a peace officer's authority, but would have reduced the
maximum penalty for child abduction committed by a person who does
not have a right to custody of the child and removed any distinction
between child abduction offenses committed by persons who do not
have custody rights from those committed by persons who do have
custody rights. AB 1038 was vetoed by Governor Wilson.
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