Posted on 02/13/2010 8:04:38 PM PST by Pikachu_Dad
The NCCUSL is seeking to pass the Uniform Child Abdcution Prevention Act (UCAPA) in 8 more states this year. Here is the status update and links for the eight states that are at risk. Child Abduction Prevention
1 ALABAMA HB 213 Ward House Judiciary 2 HAWAII SB2192/HB2250 Tanaguchi/Karamatsu House Judiciary 3 IOWA HF 713 Senate Judiciary 4 MINNESOTA SF410/HF1133 Senate Judiciary 5 PENNSYLVANIA HB 90 Conklin House Judiciary 6 SOUTH CAROLINA SB 383 Hayes House Judiciary 7 TENNESSEE HB2995/SB3065 Woodson/DeBerry In House 8 WASHINGTON HB 1182 Goodman House Judiciary
————————————– ALABAMA HB213 sponsored by Ward. It passed out of the House on a vote of 101-0. It is awaiting action in the Judiciary committee.
History for HB213 ()
Date Amend/Subst Matter Committee Nay Yea Abs Vote 01/12/2010 Read for the first time and referred to the House of Representatives committee on Judiciary JUDY 01/21/2010 Read for the second time and placed on the calendar 01/26/2010 Third Reading Passed 01/26/2010 Motion to Read a Third Time and Pass adopted Roll Call 104 02/02/2010 Read for the first time and referred to the Senate committee on Judiciary JUDY
JUDICIARY COMMITTEE
Penn, Chairperson; myronpenn28@hotmail.com
Vacant, Deputy Chairperson;
Bedford, senbedford@aol.com
Benefield, kbenefield@acs-isp.com
Brooks, benbrooksiii@aol.com
Figures, vivian.figures@al-legislature.gov
Keahey, tedlittle@mindspring.com
Little (T),
Marsh,
Pittman, trip.pittman@alsenate.gov
Sanders,
Singleton, BSingle164@yahoo.com
Smitherman; rodger.smitherman@alsenate.gov
Little (Z), zeb@zeblittlelawfirm.com
Majority Leader, Orr, zeb@zeblittlelawfirm.com
Minority Leader Designee.
————————————– Hawaii.
House Bill 2250 The bill has moved through the first two committees in the House (HUS and JUD). It only has the Finance committee (FIN) to go before the full House vote.
We got 2 No votes in the JUD committee (Marumoto and Thielen). and 3 Yes votes with reservations (Balatti, McKelvey, Morita). Against 12 Yes votes.
Status: Date Status Text 1/20/2010 H Pending introduction. 1/21/2010 H Introduced and Pass First Reading. 1/22/2010 H Referred to HUS, JUD, FIN, referral sheet 3 1/25/2010 H Bill scheduled to be heard by HUS on Thursday, 01-28-10 8:30 AM in House conference room 329. 1/28/2010 H The committee(s) recommends that the measure be deferred until 02-01-10. 1/28/2010 H Bill scheduled for decision making on Monday, 02-01-10 10:45 AM in conference room 329. 2/1/2010 H The committees on HUS recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Mizuno, Brower, Belatti, Carroll, Nishimoto, Shimabukuro, Yamane; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Bertram, Ward. 2/3/2010 H Reported from HUS (Stand. Com. Rep. No. 75-10) as amended in HD 1, recommending passage on Second Reading and referral to JUD. 2/3/2010 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting no (0) and none excused (0). 2/5/2010 H Bill scheduled to be heard by JUD on Wednesday, 02-10-10 2:30pm in House conference room 325. 2/9/2010 H The committees on JUD recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 12 Ayes: Representative(s) Karamatsu, Ito, Carroll, Herkes, Mizuno, B. Oshiro, Souki, Tsuji, Wakai; Ayes with reservations: Representative(s) Belatti, McKelvey, Morita; 2 Noes: Representative(s) Marumoto, Thielen; and 2 Excused: Representative(s) Cabanilla, Luke. 2/12/2010 H Reported from JUD (Stand. Com. Rep. No. 323-10), recommending referral to FIN. 2/12/2010 H Report adopted; referred to the committee(s) on FIN with Representative(s) Marumoto, Thielen voting no and Representative(s) Bertram, Cabanilla, Takumi excused.
Here is the link to the HUS Committee report:
Here is the link to HUS Committee Testimony:
Also, this Bill is being presented to the Senate Judicial Committee, SB2192; hearing date not schedule yet.
http://www.capitol.hawaii.gov/session … lltype=SB&billnumber=2192
2/5/2010 H Bill scheduled to be heard by JUD on Wednesday, 02-10-10 2:30pm in House conference room 325.
Senate Judicial Committee, SB2192 States House Bill 2250
———————————— ———————————— According to the NCCUSL, the UCAPA law is still alive in IOWA.
Bill History for HF 713 By Judiciary.
A bill for an act creating the uniform child abduction prevention Act. (Formerly HSB 220)
March 12, 2009 Introduced, placed on calendar. H.J. 776.
March 18, 2009 Passed House, ayes 95, nays none. H.J. 863.
March 18, 2009 Immediate message. H.J. 865.
March 18, 2009 Message from House. S.J. 702.
March 18, 2009 Read first time, referred to Judiciary. S.J. 702.
March 19, 2009 Subcommittee, Kreiman, Sodders, and Ward. S.J. 737.
March 25, 2009 Committee report, recommending passage. S.J. 860.
April 26, 2009 Referred to Judiciary. S.J. 1277.
January 7, 2010 * * * * * END OF 2009 ACTIONS * * * * *
It looks like the bill is before the Senate Judiciary Committee.
That committee is currently meeting. They have a long list of bills they are considering, and they are mostly looking at senate bills, but I see a few House bills were slipped through.
We need folks to speak up and oppose this bill to the members of the IOWA Senate Judiciary
They are: commmittee Members
* Keith A. Kreiman (D, District 47), Chair * Robert M. Hogg (D, District 19), Vice Chair * Steve Kettering (R, District 26), Ranking Member * Nancy J. Boettger (R, District 29) * Gene Fraise (D, District 46) * Tom Hancock (D, District 16) * Wally E. Horn (D, District 17) * Pam Jochum (D, District 14) * Larry L. Noble (R, District 35) * Herman C. Quirmbach (D, District 23) * Brian Schoenjahn (D, District 12) * Steven J. Sodders (D, District 22) * Pat Ward (R, District 30) * Steve Warnstadt (D, District 1) * Brad Zaun (R, District 32) ————————————– Minnesota It doesn’t look like it got to far in Minnesota yet. Both bills were sent to committee but no action was taken on them.
HF1133 Status in House for Legislative Session 86 Date ↓ Action Description / Committee Text Page Roll Call 02/26/2009 Introduction and first reading, referred to Public Safety Policy and Oversight Intro 552 S
SF0410 Status in Senate for Legislative Session 86 Date ↓ Action Description / Committee Text Page Roll Call 02/02/2009 Introduction and first reading Intro 158 02/02/2009 Referred to Judiciary H ————————————– Pennsylvania is already 1/2 way home. They have 28 sponsors for their bill. It passed out of the House on a 193 – 0 vote. Now it has to be considered by the Pennsylvania Senate Judiciary Committee on May 12, 2009.
The Senate reconvenes on March 8, 2010. No word on a hearing date yet.
Sponsors: CONKLIN, BELFANTI, M. O’BRIEN, COHEN, KORTZ, VULAKOVICH, YOUNGBLOOD, DONATUCCI, BRENNAN, TRUE, READSHAW, SIPTROTH, LONGIETTI, MAHONEY, MURT, MANN, MELIO, KIRKLAND, GIBBONS, FREEMAN, MOUL, FABRIZIO, SONNEY, SOLOBAY, K. SMITH, THOMAS, PETRARCA and CALTAGIRONE
Short Title: An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, providing for prevention of abduction of children.
Actions: Referred to JUDICIARY, Jan. 28, 2009
Reported as committed, April 28, 2009
First consideration, April 28, 2009
Laid on the table, April 28, 2009
Removed from table, April 29, 2009
Re-committed to APPROPRIATIONS, April 29, 2009
Re-reported as committed, May 6, 2009
Second consideration, May 6, 2009
Third consideration and final passage, May 11, 2009 (193-0)
In the Senate
Referred to JUDICIARY, May 12, 2009
SENATE JUDICIARY CONTACTS
Officers Greenleaf, Stewart J. , Chair sgreenleaf@pasen.gov
White, Mary Jo, Vice Chair mwhite@pasen.gov
Leach, Daylin , Minority Chair ???
Scarnati, Joseph B., III, ex-officio jscarnati@pasen.gov
Majority Browne, Patrick M. pbrowne@pasen.gov
Earll, Jane M. jearll@pasen.gov
Gordner, John R. rdner@pasen.gov
Orie, Jane Clare jorie@pasen.gov
Piccola, Jeffrey E. jpiccola@pasen.gov
Rafferty, John C., Jr. jrafferty@pasen.gov
Minority Boscola, Lisa M. boscola@pasenate.com
Costa, Jay costa@pasenate.com
Fontana, Wayne D. fontana@pasenate.com
Stack, Michael J. stack@pasenate.com ————————————– South Carolina South Carolina S383 made it through the Senate and to the House Judiciary Committee in 2009.
S 0383 General Bill, By Hayes A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 63 SO AS TO ENACT THE “UNIFORM CHILD ABDUCTION PREVENTION ACT” , TO PROVIDE A LEGAL MECHANISM TO PROTECT CHILDREN FROM CREDIBLE RISKS OF ABDUCTION RELATED TO LEGAL CUSTODY OR VISITATION.
02/03/09 Senate Introduced and read first time SJ-12
02/03/09 Senate Referred to Committee on Judiciary SJ-12
02/06/09 Senate Referred to Subcommittee: Sheheen (ch), Knotts, Campsen, Lourie, Campbell
03/11/09 Senate Committee report: Favorable with amendment Judiciary SJ-17
03/12/09 Scrivener’s error corrected
03/17/09 Senate Committee Amendment Adopted SJ-20
03/17/09 Senate Read second time SJ-20
03/24/09 Senate Read third time and sent to House SJ-24
03/25/09 House Introduced and read first time HJ-15
03/25/09 House Referred to Committee on Judiciary HJ-15
Judiciary House (Privileges & Elections) Subcommittee Assignments Harrison, James H. , Chm. Jennings, Douglas , Jr., 1st V.C. Smith, Garry R. , 2nd V.C. Allen, Karl B. Bannister, Bruce W. Clemmons, Alan D. Cole, J. Derham , Jr. Delleney, F. Gregory “Greg” , Jr. Funderburk, Laurie Slade Hamilton, Daniel P. “Dan” Hearn, George M. Horne, Jenny Anderson Kelly, R. Keith McLeod, Walton J. Miller, Vida O. Nanney, Wendy K. Rutherford, J. Todd Sellers, Bakari T. Smith, James E. , Jr. Sottile, F. Michael “Mike” Stavrinakis, Leonidas E. “Leon” Viers, Thad T. Weeks, J. David Whipper, J. Seth Young, Thomas R. “Tom” , Jr. Dennis, Patrick G. , Chief Counsel Anzelmo, Bonnie G. , Asst. Staff Counsel Anderson, Linda C. , Exec. Secy.
Judiciary Senate McConnell, Glenn F. , Chm. Ford, Robert Martin, Larry A. Rankin, Luke A. Hutto, C. Bradley Knotts, John M. “Jake” , Jr. Malloy, Gerald Sheheen, Vincent A. Campsen, George E. “Chip” III Cleary, Raymond E. III Lourie, Joel Williams, Kent M. Campbell, Paul G. , Jr. Massey, A. Shane Bright, Lee Coleman, Creighton B. Davis, Tom Martin, Shane R. Mulvaney, J. Michael “Mick” Nicholson, Floyd Rose, Michael T. Scott, John L. , Jr. Shoopman, Phillip W. ———————————- Tennessee legislative site lists 4 filings of this same law !!!
Looks like there are a lot of representatives that want to get a piece of this action in Tennessee.
HB2995 by DeBerry J Uniform Laws – As introduced, enacts the “Uniform Child Abduction Prevention Act.”
HB3650 by Stewart Uniform Laws – As introduced, enacts the “Uniform Child Abduction Prevention Act.”
SB3065 by Woodson Uniform Laws – As introduced, enacts the “Uniform Child Abduction Prevention Act.”
SB3532 by Overbey Uniform Laws – As introduced, enacts the “Uniform Child Abduction Prevention Act.”
Actions Taken on HB2995 Action Date P2C, ref. to Children and Family Affairs Committee 01/28/2010 Intro., P1C. 01/27/2010 Filed for intro. 01/26/2010
Actions Taken on SB3065 Action Date P2C, ref. to S. Jud Comm. 01/28/2010 Intro., P1C. 01/27/2010 Filed for intro. 01/27/2010
Actions Taken on HB3650 Action Date Assigned to s/c Domestic Relations of C&FA 02/03/2010 P2C, ref. to Children and Family Affairs Committee 02/03/2010 Intro., P1C. 02/01/2010 Filed for intro. 01/28/2010
Actions Taken on SB3532 Action Date P2C, ref. to S. Jud Comm. 02/01/2010 Intro., P1C. 01/28/2010 Filed for intro. 01/28/2010 ———————————- Washington
HB 1182 – 2009-10 Adopting the uniform child abduction prevention act.
Bill Analysis
History of Bill as of Saturday, February 13, 2010 7:35 PM
Sponsors: Representatives Goodman, Rodne, Miloscia, Williams, Ormsby
By Request: Uniform Legislation Commission
2009 REGULAR SESSION
Jan 14 First reading, referred to Judiciary. (View Original Bill)
Jan 21 Public hearing in the House Committee on Judiciary at 8:00 AM. (Committee Materials)
2010 REGULAR SESSION Jan 11 By resolution, reintroduced and retained in present status.
———————————- If you are in one of these states, it is already law and you need to set about repealing it.
Nebraska (2/07), Utah (3/07), Kansas (4/07), South Dakota (07), Nevada (5/07), Colorado (5/07), and Mississippi (09)
Can somebody boil this down into one or two sentences that explains what it is and why it is bad from a conservative perspective?
Thanks in advance.
This law isn’t about ‘someone’ taking your kid.
It law is against ‘you’ taking your kid. {we both know you are not going to do that}
only under this law, you don’t have to ‘take’ your kid to be punished. {got it, you don’t have to do anything}
they just have to ‘think’ you are going to take your kid.
that is why it is called a “PREVENTION” act.
you just have to meet any ONE of all the listed ‘risk factors’ to be punished under this act.
so the next time you look at your child(rens) school records - you are in violation of this law. they think that this indicates that you are a ‘potential abductor’. are you?
so the next time you look at your child(rens) medical records - you are also in violation of this law. so are you just doing your parental duties or are you planning an abduction? cause this law says you might be an abductor.
so the next time you get your child(rens) birth certificate out - better not loose it. If you get a new one, well that might indicate that you are planning a potential abduction. But don’t worry, the state is going to protect your child(ren) from you committing this horrific act on them.
okay, so perhaps you are a bad parent and don’t do any of those things. don’t worry, the state still has you covered under this law.
don’t make any ‘travel plans’ out of state. If you make reservations to go out of state - you are a potential abductor.
It doesn’t matter if you make these reservations for yourself, your parents, your sister, or your child. They can use this act to label you a potential abductor.
Don’t loose that job; sell that house; terminate that lease; close that bank account; or engage in any other ‘unusually’ financial transactions.
well perhaps you are also a financial vegetable. Don’t worry, they got ya covered.
got a sister (or brother or uncle or auntie) who lives in another state? sounds like a ‘strong family connection to another state’ to me.
no relatives out of state, got any instate? Cause if you don’t, well, that sounds like ‘weak family connection to your current state’ to me.
own property in another state, you might qualify under ‘strong financial connections’ to another state.
don’t own any property in your current state, you might qualify under ‘lack of strong financial connections’ to your current state.
and watch out for those cultural or emotional connections. you have to have good connections to your current state and no connections to any other state.
in other words, under this law, you {a good parent} most probably qualify as a ‘potential abductor’
the law violates the constitution.
you can be accused of a ‘potential felon’ in civil court and punished by them.
no ‘innocent until proven guilty’
no ‘miranda rights’
no ‘court appointed attorney’
no need for them to notify you in advance, just the ex or your judge filing an ex-parte petition.
first thing you know about this is the police officers kicking your door in at 3am in the morning; pointing machine guns in your face; and taking your kids away at gun point.
Excerpt from comments by Representative Bowler
Rep. Bowler
“My reluctance with the bill, and it is with all due respect to this group of people, who got together and decided this was a good idea is that it does something, it departs from what I think is a real important concept in America and that is you are innocent until proven guilty, and this actually causes you to be penalized by a court for something they think you might do.
I think that is a real departure in thinking in America to do that.
I would hope that we would send this back to that group of Uniform lawmakers that come up with these models, say lets rethink this and I would hope that we don’t pass it.
Its not that I don’t think the problem is serious enough to...
In Louisiana we have in our statutes, which I think operates as a huge deterrent, is under our simple kidnapping law, we say that, “the intentional taking, enticing, or decoying and removing from the state by any parent his or her child from whom custody has been... blah, blah blah ... it creates within ... this bill is trying to address, we create in the definition of simple kidnapping and actually threaten somebody with a fine of $5,000, imprisonment for five years or both. I think that provides a real discouragement from any person in Louisiana doing what this bill seeks to prevent.
Do we know how often this happens in Louisiana that we need to go to these extraordinary measure?”
QUOTE:
Selected Comments from the Louisiana Committee hearings
“Hello, My name is Harold Murry, I am a family law attorney in Alexandria, I am also on the Supreme Courts domestic violence along with Anne Styre, who is a friend of mine, who I believe is speaking in favor of the bill.
My problem with this bill, is I think it started out as a really good idea, if you go look at the web site, you see that it started out as the Uniform International Child Abduction prevention act.
Because that is a huge problem, I have had cases where the father of the kid for instance is an exchange student from Jordan or he is a merchant from Pakistan and the people split and he is not going to get custody, he takes the kids to that country, and all we can do is write a couple of letters to the consulate, the mom never sees them again, there is no way to get them back. and that is why there is so much in this about the Hague treaty on child abduction, whether or not somebody is from one of these countries where you can take kids and never get them back.
At some point, I think in August 2004, somebody appended some additional language to this, to make this solve all problems, and they took the International, the word international out and they added this thing that if you are from another state or have strong cultural ties to another state, that you are suspect, just like somebody who is from another country and really has the ability to do this sort of thing.
I tell my clients, there are always these threats that well, I am going to take the kid, no I am going to take the kid and you’ll be darned if you see him again. I say, let him take the kid to Mississippi, we will have the kid back in two weeks and the judge will put him in jail. I’d love it. Don’t worry about it.
We have all the laws we need. We have the Uniform Child Custody Jurisdiction Enforcement Act; We have the Parental Kidnapping Prevention Act - which is the federal statute to prevent children from being snatched from State to State.
They talk about strong cultural ties to another State should make you suspect. Well, I can’t imagine them saying that somebody in Nebraska has cultural ties to Kansas that are suspect, they don’t even have culture. I mean, its all the same, they are from the mid-west. (audience laughter) I mean, I think it is going to be used against Cajuns or something, I don’t know.
If you live in Houston and you have LSU season tickets you are suspect.
This should be, we need to send a message back to the committee to fix this thing back the way it was, to strike out the provisions that are just pasted in there where it says things like from another country or state, that that should be taken out and it should be an International act.
We need this protection, but this is going to be abused,
I mean, lawyers love ex-parte custody orders. When I started practicing in ‘85 that was part of your stock in trade, if you could get your party ex-parte custody before the hearing came up a month later, your phone did not ring, the other attorney’s phone would ring.
We went to a lot of trouble, you guys passed Code of Civil Procedure Article 3945 a few years ago making it extremely difficult to come in and get temporary custody, you had to show immediate irreparable harm.
And this has these factors like um, has previously abducted or attempted to abduct that could be taking the kid on a day when it wasn’t your day.
There is all sorts of things, Ms. Bowler is absolutely right, there is no number, what if you just meet two of them, I mean you don’t have to meet them all, they terminate a lease, all of the things that happen when you are going through a divorce are present here.
I think it had the potential to be a very great act, but it is now extremely flawed by adding the business about the state, being from another state will trigger these incredible sanctions against you.
I don’t know if it is appropriate to amend a Uniform Act its been done before because I remember the UCCJA when it was first passed, there were a couple of states with asterisk’s by their name because they had taken some provisions out of it. {Rep Walker sits down} I think probably the best is to just not pass it, but if you do pass it you can.
ENDQUOTE
Thanks
You are welcome. Now if we can just get some big blogger and/or press to cover the issue.
and once they get this ‘prevention’ act established, what is next?
Rape Prevention Act
Robbery Prevention Act
Embezzlement Prevnention Act
Battery Prevention Act
Corrupt Politician Prevention Act
One politician compared it to the movie “Minority Report” where they arrest you for crimes they predict you will do.
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