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.