H. B. 4532


(By Delegate Stalnaker)
[Introduced February 14, 2000; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section fourteen-d, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to reducing the crime of child concealment to a misdemeanor for a first or second offense; and providing child concealment is a felony for a third offense.

Be it enacted by the Legislature of West Virginia:
That section fourteen-d, article two, chapter sixty-one of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. CRIMES AGAINST THE PERSON.
§61-2-14d. 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 misdemeanor and, upon conviction thereof, shall be imprisoned in the penitentiary fined not less than one hundred nor more than one thousand dollars. 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, Upon conviction for a second offense under this section, a person shall be fined not less than two hundred nor more than one thousand five hundred dollars or imprisoned in a regional jail facility or county jail up to six months, or both fined and imprisoned. For a third or subsequent offense under this section, a 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 imprisoned in a regional jail facility or county jail not more than one year or fined not less than three hundred nor more than two thousand five hundred dollars.
(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 state correctional facility not less than one nor more than five years, or fined not more than one thousand dollars, 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.


NOTE: The purpose of this bill is to reduce the crime of child concealment to a misdemeanor for a first or second offense and, to provide that child concealment is a felony for a third offense.

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