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House moves to close parental-kidnapping loophole, creates felony penalties in defined cases
Summary
House passes First Substitute House Bill 143 to make it a felony for a noncustodial parent to take a child in certain situations, with carve-outs for reasonable-belief protective actions; intrastate cases can be third-degree felonies, and crossing state lines can be second-degree. The vote was 72-0.
Representative Hawkins, sponsor of First Substitute House Bill 143, told the House the bill closes a legal loophole that can allow a parent without custody to take a child without criminal consequence. “This bill attempts to close that loophole,” Hawkins said, adding that current law can leave some cases without criminal penalties because the actor is still a legal parent.
Members asked whether the conduct should be a felony or a misdemeanor. Representative Thurston asked why a felony charge would apply, and Hawkins replied that kidnapping can become a dangerous situation for a child and that the bill includes carve-outs where a parent acted under a reasonable belief that the action was necessary to protect the child.
Representative Burton asked whether the bill covers local transfers or interstate takeaways; Hawkins said the bill does cover across-state-lines conduct and that the degree of felony rises in those circumstances (the sponsor described intrastate cases generally as third-degree felonies and interstate movements as second-degree in the bill text and floor explanation). Supporters argued the change would help address cases that commonly trigger Amber Alerts.
The House adopted the substitute and passed First Substitute HB143 by a vote of 72 yes and 0 no; the bill will be transmitted to the Senate for consideration.
