By Combs, Gray H.B. No. 2229 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the offense of interference with possession or access 1-3 to a child. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 25.03, Penal Code, is amended to read as 1-6 follows: 1-7 Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY, POSSESSION, OR 1-8 ACCESS TO A CHILD. (a) a person commits an offense if he takes or 1-9 retains a child younger than 18 years when he: 1-10 (1) knows that his taking or retention violates the 1-11 express terms of a judgment or order of a court disposing of the 1-12 child's custody; or 1-13 (2) has not been awarded custody of the child by a 1-14 court of competent jurisdiction, knows that a suit for divorce or a 1-15 civil suit or application for habeas corpus to dispose of the 1-16 child's custody has been filed, and takes the child out of the 1-17 geographic area of the counties composing the judicial district if 1-18 the court is a district court or the county if the court is a 1-19 statutory county court, without the permission of the court and 1-20 with the intent to deprive the court of authority over the child; 1-21 or 1-22 (3) takes or retains a child on three or more 1-23 occasions and knows that his taking or retention violates the 2-1 express terms of a judgment or order of a court establishing the 2-2 right of possession or access to a child. 2-3 (b) A noncustodial parent commits an offense if, with the 2-4 intent to interfere with the lawful custody of a child younger than 2-5 18 years, he knowingly entices or persuades the child to leave the 2-6 custody of the custodial parent, guardian, or person standing in 2-7 the stead of the custodial parent or guardian of the child. 2-8 (c) It is a defense to prosecution under Subsection (a)(2) 2-9 of this section that the actor returned the child to the geographic 2-10 area of the counties composing the judicial district if the court 2-11 is a district court or the county if the court is a statutory 2-12 county court, within three days after the date of the commission of 2-13 the offense. 2-14 (d) An offense under this section is a felony of the third 2-15 degree except an offense committed under Subsection (a)(3) of this 2-16 section is a class A misdemeanor.