BILL NUMBER: AB 395	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 15, 2007

   An act to amend Section 278.5 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 395, as introduced, Swanson. Child abduction.
   Existing law makes it a crime for a person to take, entice away,
keep, withhold, or conceal a child and maliciously deprive a lawful
custodian of a right to custody, or a person of a right to
visitation. Existing law makes these acts punishable by imprisonment
in a county jail not exceeding one year, a fine not exceeding $1,000,
or both that fine and imprisonment, or by imprisonment in the state
prison for 16 months, or 2 or 3 years, a fine not exceeding $10,000
or both that fine and imprisonment.
   This bill would provide greater penalties for a person who commits
a violation described above, where the abduction continues for more
than one year. In particular, the bill would punish such a violation
by imprisonment in a county jail not exceeding one year, a fine not
exceeding $1,000, or both that fine and imprisonment, or by
imprisonment in the state prison for 2, 4, or 6 years, a fine not
exceeding $10,000, or both that fine and imprisonment, if specified
conditions are satisfied. By increasing the penalties for a crime,
this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 278.5 of the Penal Code is amended to read:
   278.5.  (a) Every person who takes, entices away, keeps,
withholds, or conceals a child and maliciously deprives a lawful
custodian of a right to custody, or a person of a right to
visitation, shall be punished by imprisonment in a county jail not
exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in
the state prison for 16 months, or two or three years, a fine not
exceeding ten thousand dollars ($10,000), or both that fine and
imprisonment. 
   (b) Every person who commits a violation of subdivision (a) where
the abduction continues without interruption for a period exceeding
one year shall be punished by imprisonment in a county jail not
exceeding one year, a fine not exceeding one thousand dollars
($1,000), or both that fine and imprisonment, or by imprisonment in
the state prison for two, four, or six years, a fine not exceeding
ten thousand dollars ($10,000), or both that fine and imprisonment.
 
   (c) The greater penalties provided under subdivision (b) shall not
be imposed unless the facts of the abduction that bring it within
that subdivision are charged in the accusatory pleading and admitted
or found to be true by the trier of fact.  
   (d) Notwithstanding Section 1385 or any other provision, the court
shall not strike an allegation under this section or a finding
bringing a person within the provisions of this section. 

   (b) 
    (e)  Nothing contained in this section limits the court'
s contempt power. 
   (c) 
    (f)  A custody order obtained after the taking, enticing
away, keeping, withholding, or concealing of a child does not
constitute a defense to a crime charged under this section.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.