Georgia Senate - 1995/1996 Sessions

SB 219 - Child Custody - crime of interference with visitation

Page Numbers - 1/ 2

1. Black  53rd            2. Glanton  34th           3. McGuire  30th


Senate Comm: S Judy     /         House Comm:            /                                          
Senate Vote: Yeas 20    Nays 28                                                                     
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/26/95   Read 1st time                                                                
             2/14/96*  Favorably Reported                                                           
             Sub       Committee Amend/Sub                                                          
             2/13/95   Read 2nd Time                                                                
             1/8/96    Committed                                                                    
             1/8/96    Read 3rd Time                                                                
             2/21/96   Lost                                                                         
           ---------------------------------------------                                            
*2/10/95  Favorably reported.                                                                       
                                                                                                    
Code Sections amended: 16-5-45                                                                      


SB 219 96                                         LC 24 0398S
                                                       (SCS)
      SENATE BILL 219

      By:  Senators Black of the 53rd, Glanton of the 34th,
           McGuire of the 30th and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 16-5-45 of the Official Code of
  1- 2  Georgia Annotated, relating to criminal interference with
  1- 3  custody, so as to provide for the inclusion therein of the
  1- 4  new crime of interference with visitation; to provide for
  1- 5  related matters; to repeal conflicting laws; and for other
  1- 6  matters.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Code Section 16-5-45 of the Official Code of Georgia
  1- 9  Annotated, relating to criminal interference with custody,
  1-10  is amended by striking subsection (a) thereof and inserting
  1-11  in its place a new subsection (a) to read as follows:

  1-12    "(a) As used in this Code section, the term:

  1-13      (1) 'Committed person' means any child or other person
  1-14      whose custody is entrusted to another individual by
  1-15      authority of law.

  1-16      (2) 'Child' means any individual who is under the age of
  1-17      17 years or any individual who is under the age of 18
  1-18      years who is alleged to be a deprived child as such is
  1-19      defined in Code Section 15-11-2, relating to juvenile
  1-20      proceedings.

  1-21      (3) 'Lawful custody' means that custody inherent in the
  1-22      natural parents, that custody awarded by proper
  1-23      authority as provided in Code Section 15-11-17, or that
  1-24      custody awarded to a parent, guardian, or other person
  1-25      by a court of competent jurisdiction.

  1-26      (4) 'Lawful visitation' means that visitation allowed to
  1-27      the noncustodial parent or guardian by proper authority
  1-28      as provided in Article 1 of Chapter 9 of Title 19."

                         SECTION 2.

  1-29  Said Code section is further amended by adding at the end
  1-30  thereof a new subsection (d) to read as follows:

                             S. B. 219
                                 -1- (Index)

                                                 LC 24 0398S

  2- 1      "(d)(1) A person commits the offense of interference
  2- 2      with visitation when, without lawful authority to do so,
  2- 3      the person intentionally and willfully refuses to allow
  2- 4      lawful visitation. No person shall be charged with the
  2- 5      offense of interference with visitation unless he or she
  2- 6      has received notice by certified mail, return receipt
  2- 7      requested, not less than ten days prior to an act
  2- 8      punishable under this subsection of a demand by the
  2- 9      noncustodial parent that no further acts of interference
  2-10      with visitation occur.  This subsection shall not apply
  2-11      to court ordered visitation when the language used in
  2-12      the order to describe such visitation is vague and
  2-13      indefinite, including, but not limited to, language such
  2-14      as 'reasonable visitation' or 'visitation as the parties
  2-15      may agree.'  Tardiness of less than 40 minutes in
  2-16      complying with court ordered visitation by the custodial
  2-17      parent or guardian shall not give rise to a criminal
  2-18      charge under this subsection.  Tardiness of more than 40
  2-19      minutes shall not give rise to a criminal charge under
  2-20      this subsection unless it is of a repeated and harassing
  2-21      nature without justifiable cause.

  2-22      (2) A person convicted of violating this subsection
  2-23      shall be punished as follows:

  2-24        (A) Upon conviction of the first offense, the
  2-25        defendant shall be guilty of a misdemeanor and shall
  2-26        be fined not less than $200.00 nor more than $500.00
  2-27        or shall be imprisoned for not less than one nor more
  2-28        than five months, or both fined and imprisoned; and

  2-29        (B) Upon conviction of the second or subsequent
  2-30        offense, the defendant shall be guilty of a
  2-31        misdemeanor and shall be fined not less than $400.00
  2-32        nor more than $1,000.00 or shall be imprisoned for not
  2-33        less than three nor more than 12 months, or both fined
  2-34        and imprisoned."

                         SECTION 3.

  2-35  All laws and parts of laws in conflict with this Act are
  2-36  repealed.








                             S. B. 219
                                 -2- (Index)