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HB1396
HOUSE OF REPRESENTATIVES
H.B. NO.
1396
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to custodial interference
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section
707-726, Hawaii Revised Statutes, is amended to read as follows:
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"
�707-726
�
Custodial interference
in the first degree.
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(1)
�
A person commits the offense of custodial
interference in the first degree if:
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(a)
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The person:
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(i)
Intentionally or
knowingly violates a court order issued pursuant to chapter 586, or
intentionally or knowingly takes, entices, conceals, or detains the minor from
any other person who has a right to custody pursuant to a court order,
judgment, [
or
] decree[
;
]
, or the voluntary establishment of
paternity;
and
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(ii)
Removes the minor
from the State;
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(b)
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The person
intentionally or knowingly takes, entices, conceals, or detains a minor less
than eleven years old from that minor's lawful custodian, knowing that the
person had no right to do so; or
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(c)
�
The person, in the
absence of a court order determining custody or visitation rights,
intentionally or knowingly takes, detains, conceals, or entices away a minor
with the intent to deprive another person or a public agency of their right to
custody, and removes the minor from the State.
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(2)
�
It is an affirmative defense to a prosecution under this section that
the person had "good cause" for the violation of a court order issued
pursuant to chapter 586, for the taking, detaining, concealing, or enticing
away of the minor, or for removing the minor from the State; provided that the
person asserting the affirmative defense filed a report with the clerk of the
family court detailing the whereabouts of the minor, the person who took,
enticed, detained, concealed, or removed the minor or child, and the
circumstances of the event as soon as the filing of the report was practicable;
and provided further that the person asserting the affirmative defense also
filed a request for a custody order as soon as the filing of the request was
practicable.
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As used in this section, "good
cause" means a good faith and reasonable belief that the taking,
detaining, concealing, enticing away, or removing of the minor is necessary to
protect the minor from immediate bodily injury.
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(3)
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The identity and address of the person reporting under subsection (2)
shall remain confidential unless the information is released pursuant to a
court order.
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(4)
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Custodial interference in the first degree is a class C felony.
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(5)
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For purposes of this section, "voluntary
establishment of paternity" means that the persons establishing paternity at
the time of the minor's birth signed the minor's birth certificate and filed a
voluntary establishment of paternity form with the birthing hospital or
department of health.
"
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SECTION 2.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Custodial
Interference; Voluntary Establishment of Paternity
Description:
Includes
in the crime of custodial interference in the first degree the taking,
enticing, concealing, or detaining of a minor from a person who has a right to custody
pursuant to a Voluntary Establishment of Paternity.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.