Bill Analyses and Ratings
Bill Information: H0668 – Child Custody Interference Penalty Reform
Bill Summary
House Bill 668 amends Idaho Code Section 18-4506 to restructure penalties for child custody interference and establish new law enforcement procedures. The bill replaces the existing felony/misdemeanor structure with a graduated penalty system that begins with $100 infractions for first offenses, escalates to $300 infractions for second offenses, misdemeanors with up to two days imprisonment for third and fourth offenses, and felony charges only upon fifth and subsequent violations.
The bill removes the previous 24-hour return defense and replaces it with a detailed affirmative defense for temporary delays caused by circumstances beyond the charged party’s control, requiring the defendant to prove six specific conditions including reasonable notification efforts and mitigation steps. New provisions mandate that law enforcement officers verify child location, conduct safety and well-being checks, and complete written offense reports documenting the date, time, location, physical condition of the child, and relevant statements. The bill also references Chapter 7, Title 32 for compensatory custody time and allows assessment of reasonable expenses incurred in locating children against defendants.
Overall Assessment
This bill substantially reduces criminal penalties for violating child custody orders, transforming what was previously a felony offense into a $100 infraction for first-time violations. Parents who repeatedly interfere with custody arrangements face only minor fines until the fifth offense, when felony charges become possible with a maximum one-year sentence. The bill requires law enforcement to conduct welfare checks on children subject to custody disputes and creates new procedural requirements for documenting these incidents.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
This bill addresses criminal penalties and law enforcement procedures for child custody interference. It does not address fiscal responsibility, government spending, taxation, federal overreach, or constitutional limitations on government power.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill concerns criminal enforcement procedures and penalties within the judicial system. It does not address citizen participation in government, electoral processes, primary elections, or political discourse.
ARTICLE III. EDUCATION (0)
This bill addresses child custody interference law and has no connection to education policy, curriculum, parental rights in education, school choice, or educational funding mechanisms.
ARTICLE IV. AGRICULTURE (0)
The bill concerns criminal penalties for custody violations and does not address agriculture, farming, ranching, agricultural education, trade, or water for agricultural purposes.
ARTICLE V. WATER (0)
This bill addresses child custody interference law and has no connection to water rights, water management, inter-basin transfers, dams, or water policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill concerns criminal enforcement of custody orders and does not address natural resources, environmental policy, federal lands, wilderness areas, or forest management.
ARTICLE VII. ENERGY (0)
This bill addresses child custody interference penalties and has no connection to energy policy, energy independence, hydroelectric power, nuclear energy, or electrical rates.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill concerns child custody interference law and does not address Idaho National Laboratory, nuclear research, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
This bill addresses custody rights under family law, not private property rights as defined by the Fifth Amendment. It does not address eminent domain, just compensation, or property development regulations.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill concerns criminal penalties for custody violations and does not address state or federal land management, federal land ownership, or Idaho's administration of public lands.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
This bill addresses child custody interference law and has no connection to wildlife management, hunting, fishing, predator control, or Fish and Game policies.
ARTICLE XII. ECONOMY (0)
The bill concerns criminal enforcement procedures and penalties. It does not address commerce, industry, small business regulation, labor policy, or transportation infrastructure.
ARTICLE XIII. HEALTH AND WELFARE (0)
While the bill requires law enforcement to check child safety and well-being under new subsection (5)(b)(ii), this is a procedural requirement specific to custody enforcement. The bill does not address healthcare delivery systems, health insurance, patient rights, or welfare programs as defined in this metric.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill modifies enforcement mechanisms for existing custody orders but does not address traditional family values, government's role in family policy, traditional marriage, right to life, or broader children's welfare policies beyond custody enforcement procedures.
ARTICLE XV. OLDER AMERICANS (0)
This bill addresses child custody interference law and does not address older Americans, retirement, senior services, or policies affecting seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill establishes a graduated penalty structure in new subsection (5)(a) that provides proportional accountability starting with $100 infractions and escalating to felonies only upon fifth offenses. It mandates law enforcement welfare checks under subsection (5)(b) to verify child safety and complete written offense reports. The bill clarifies enforcement duties and provides objective timelines, strengthening the enforcement framework for custody orders while preserving due process through detailed affirmative defenses in subsection (2)(d).
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (0)
This bill addresses child custody interference law and has no connection to national defense, military operations, veterans, border security, terrorism, or the National Guard.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill concerns criminal penalties for custody violations and does not address judicial elections, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
This bill addresses child custody interference law and does not address religious freedom, free exercise of religion, or the Religious Freedom Restoration Act.