HomeMy WebLinkAboutOrd 1569 - Custodial Interference Crime ,9oa
CITY OF TUKWILA
WASHINGTON
ORDINANCE NO. /6 9
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING CHAPTER 8.06 OF THE TUKWILA MUNICIPAL
CODE CREATING THE CRIME OF CUSTODIAL INTERFERENCE,
AND PROVIDING PENALTIES.
WHEREAS, provision should be made in the Tukwila Municipal Code for an
ordinance prohibiting custodial interference; and
WHEREAS, the Tukwila City Council desires to adopt an ordinance prohibiting
custodial interference; and
WHEREAS, an ordinance prohibiting custodial interference is in the interest of
public safety and welfare;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8.06 is amended to add the following sections:
Section 8.06.030. Custodial Interference Prohibited.
(1) A parent of a child is guilty of custodial interference in the second degree
if: (a) the parent takes, entices, retains, detains, or conceals the child, with
the intent to deny access, from the other parent having the lawful right to
time with the child pursuant to a court ordered parenting plan; or (b) the
parent has not complied with the residential provisions of a court ordered
parenting plan after a finding of contempt under RCW 26.09.160(3); or (c) if
the court finds that the parent has engaged in a pattern of willful viola-
tions of the court ordered residential provisions.
(2) Nothing in (b) of this subsection prohibits conviction of custodial interfer-
ence in the second degree under (a) or (c) of this subsection in absence of
findings of contempt.
(3) The first conviction of custodial interference is a gross misdemeanor.
Section 8.06.040. Custodial Interference Assessment of costs Defense -Con
sent defense. restricted.
(1) Any reasonable expenses incurred in locating or returning a child or
incompetent person shall be assessed against a defendant convicted under
TMC 8.06.030.
(2) In any prosecution of custodial interference, it is a complete defense, if
established by the defendant by a preponderance of the evidence, that:
(a) The defendant's purpose was to protect the child, incompetent per-
son, or himself or herself from imminent physical harm, that the
belief in the existence of the imminent physical harm was reasonable,
and that the defendant sought the assistance of the police, sheriff's
office, protective agencies, or the court of any state before committing
the acts giving rise to the charges or within a reasonable time there-
after;
(b) The complainant had, prior to the defendant committing the acts giv-
ing rise to the crime, for a protracted period of time, failed to exercise
his or her rights to physical custody or access to the child under a
court- ordered parenting plan or order granting visitation rights, pro-
vided that such failure was not the direct result of the defendant's
denial of access to such person;
(c) The acts giving rise to the charges were consented to by the com-
plainant; or
(d) The offender, after providing or making a good faith effort to provide
notice to the person entitled to access to the child, failed to provide
access to the child due to reasons that a reasonable person would
believe were directly related to the welfare of the child, and allowed
access to the child in accordance with the court order within a reason-
able period of time. The burden of proof that the denial of access was
reasonable is upon the person denying access to the child.
(3) Consent of a child less than sixteen years of age or of an incompetent per-
son does not constitute a defense to an action under TMC 8.06.030.
Section 2. Severabilitv. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent juris-
diction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordi-
nance.
Section 3. Effective Date. This ordinance shall be in force and effect five days after
publication of this ordinance which is hereby approved.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHING-
TON, at a regular meeting thereof this 2 1 st day of ,1990.
APPROVED AS TO FORM:
i t
Attor
of the y ttor
Filed with the City Clerk: /7— 90
Passed by the City Council: 5.- 2 9 D
Published Valley Daily News: S ZS"- 90
Effective Date: p O O
Ordinance Number /5 9
APPROVED:
c-a7"
Gat‘ L. Van Dusen, Mayor
ATTEST AUTHENTICATED:
Jan jantu, Acting City Clerk
ORDINANCE
Page 2
SUMMARY OF ORDINANCE NO. /5h
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING CHAPTER 8.06 OF THE
TUKWILA MUNICIPAL CODE CREATING THE CRIME
OF CUSTODIAL INTERFERENCE, AND PROVIDING
PENALTIES.
On 7/ 01). 7, the City Council of the City of Tukwila passed
Ordinance No creating the crime of custodial interference, providing for
the assessment o costs and defense, and establishing and effective date.
The full text of this ordinance will be mailed without charge to anyone who submits a
written request to the City Clerk of the City of Tukwila for a copy of the text.
APPROVED by the City Council at its meeting of 5 a
PUBLISHED: VALLEY DAILY NEWS FRIDAY, MAY 25, 1990
Ja ntu, Acting City Clerk