By: Greenberg H.B. No. 1098
73R1784 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offenses of interference with possession of or
1-3 access to a child and aggravated interference with possession of or
1-4 access to a child; providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.03, Penal Code, is amended to read as
1-7 follows:
1-8 Sec. 25.03. Interference With Possession of or Access to a
1-9 Child <Custody>. (a) A person commits an offense if the person
1-10 <he> takes, entices away, or retains a child younger than 18 years
1-11 with intent to deprive another person of lawful possession of or
1-12 access to the child when the person <he>:
1-13 (1) knows that the <his> taking, enticement, or
1-14 retention violates the express terms of a judgment or order of a
1-15 court regarding the conservatorship or possession of or access to
1-16 the child <disposing of the child's custody>; <or>
1-17 (2) <has not been awarded custody of the child by a
1-18 court of competent jurisdiction,> knows that a suit regarding the
1-19 conservatorship or possession of or access to the child <for
1-20 divorce or a civil suit or application for habeas corpus to dispose
1-21 of the child's custody> has been filed, and takes the child out of
1-22 the geographic area of the counties composing the judicial district
1-23 if the court is a district court or the county if the court is a
1-24 statutory county court, without the permission of the court and
2-1 with the intent to deprive the court of authority over the child;
2-2 or
2-3 (3) knows that the taking, enticement, or retention
2-4 will deprive a parent of lawful possession of or access to the
2-5 child in the absence of a judgment or court order regarding
2-6 possession of or access to the child.
2-7 (b) It is not a defense to prosecution under Subsection (a)
2-8 of this section that the actor is a joint managing conservator of
2-9 the child <A noncustodial parent commits an offense if, with the
2-10 intent to interfere with the lawful custody of a child younger than
2-11 18 years, he knowingly entices or persuades the child to leave the
2-12 custody of the custodial parent, guardian, or person standing in
2-13 the stead of the custodial parent or guardian of the child>.
2-14 (c) It is a defense to prosecution under Subsection (a)(2)
2-15 of this section that the actor returned the child to the geographic
2-16 area of the counties composing the judicial district if the court
2-17 is a district court or the county if the court is a statutory
2-18 county court, within three days after the date of the commission of
2-19 the offense.
2-20 (d) It is a defense to prosecution under this section that
2-21 the actor reasonably believed at the time of the offense that the
2-22 person entitled to lawful possession of or access to the child
2-23 posed an imminent risk of harm to the child's health or safety.
2-24 (e) <(d)> An offense under this section is a felony of the
2-25 third degree.
2-26 SECTION 2. Section 25.031, Penal Code, is amended to read as
2-27 follows:
3-1 Sec. 25.031. Aggravated Interference With Possession of or
3-2 Access to a Child <Agreement to Abduct from Custody>. (a) A
3-3 person commits an offense if the person:
3-4 (1) with intent to commit the offense of interference
3-5 with possession of or access to a child as defined by Section 25.03
3-6 of this code pays or promises to pay anything of value to another
3-7 to engage in specific conduct that under circumstances surrounding
3-8 the conduct, as the actor believes them to be, would constitute the
3-9 offense or make the other person a party to its commission; or
3-10 (2) commits the offense of interference with
3-11 possession of or access to a child as defined by Section 25.03 of
3-12 this code and the person:
3-13 (A) commits the offense for remuneration or the
3-14 promise of remuneration;
3-15 (B) takes the child outside the state during the
3-16 commission of the offense; or
3-17 (C) detains or conceals the child in a place
3-18 unknown to the person whose right to possession of or access to the
3-19 child has been subjected to interference <agrees, for remuneration
3-20 or the promise of remuneration, to abduct a child by force, threat
3-21 of force, misrepresentation, stealth, or unlawful entry, knowing
3-22 that the child is under the care and control of a person having
3-23 custody or physical possession of the child under a court order or
3-24 under the care and control of another person who is exercising care
3-25 and control with the consent of a person having custody or physical
3-26 possession under a court order>.
3-27 (b) It is a defense to prosecution under Subsection
4-1 (a)(2)(C) of this section that the actor reasonably believed at the
4-2 time of the offense that the person entitled to lawful possession
4-3 of or access to the child posed an imminent risk of harm to the
4-4 child's health or safety.
4-5 (c) <(b)> An offense under this section is a felony of the
4-6 second <third> degree.
4-7 SECTION 3. This Act takes effect September 1, 1993.
4-8 SECTION 4. (a) The change in law made by this Act applies
4-9 only to an offense committed on or after the effective date of this
4-10 Act. For purposes of this section, an offense is committed before
4-11 the effective date of this Act if any element of the offense occurs
4-12 before that date.
4-13 (b) An offense committed before the effective date of this
4-14 Act is covered by the law in effect when the offense was committed,
4-15 and the former law is continued in effect for this purpose.
4-16 SECTION 5. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.