HB 2296 Summary

• Amends Arizona Revised Statutes § 13-1302 to add a defense to custodial interference charges when a parent takes or withholds a child before a court order determining custody rights.

• Defense applies if the parent files for an order of protection or custody petition within a reasonable time, stating the child was at risk, and either has a good faith belief the taking was necessary to protect the child from immediate danger or is a domestic violence victim with reasonable belief child would be in danger.

• Provides an exemption from custodial interference liability for parents who file an emergency petition for custody with the superior court, receive a hearing date, and have good faith reasonable belief the child will be in immediate danger if left with the other parent.

• Maintains existing criminal penalties ranging from class 6 felony for parental custodial interference to class 3 felony for non-parent interference, with reduced misdemeanor charge if child is voluntarily returned within 48 hours without injury.