By: Zaffirini S.B. No. 1265
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the offenses of interference with possession of or
1-2 access to a child and aggravated interference with possession of or
1-3 access to a child; providing penalties.
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 CONSERVATORSHIP OR POSSESSION
1-8 OF OR ACCESS TO A CHILD <CUSTODY>. (a) A person commits an
1-9 offense if the person <he> takes, entices away or retains a child
1-10 younger than 18 years with intent to deprive another person of
1-11 lawful conservatorship or possession of or access to the child when
1-12 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, or <, and takes the child
1-22 out of the geographic area of the counties composing the judicial
1-23 district if the court is a district court or the county if the
2-1 court is a statutory county court, without the permission of the
2-2 court and with the intent to deprive the court of authority over
2-3 the child.>
2-4 (3) knows that the taking, enticement, or retention
2-5 will deprive a parent of lawful possession of or access to the
2-6 child in the absence of a judgment or court order regarding
2-7 possession of or access to the child.
2-8 (b) If no order of conservatorship or possession of or
2-9 access to the child has been issued, a parent commits an offense if
2-10 the parent takes, entices away, or retains a child younger than 18
2-11 years with the intent to:
2-12 (1) deprive the other parent of possession of or
2-13 access to the child; and
2-14 (2) secret or hide the child and keep knowledge of
2-15 whereabouts of the child from the other parent (for a period
2-16 exceeding three days).
2-17 (c) <(b)> It is not a defense to prosecution under
2-18 Subsection (a) of this section that the actor is a joint managing
2-19 conservator of the child. <A noncustodial parent commits an
2-20 offense if, with the intent to interfere with the lawful custody of
2-21 a child younger than 18 years, he knowingly entices or persuades
2-22 the child to leave the custody of the custodial parent, guardian,
2-23 or person standing in the stead of the custodial parent or guardian
2-24 of the child.>
2-25 (d) <(c)> It is a defense to prosecution under Subsection
3-1 (a)(2) of this section that the actor returned the child to the
3-2 place from which the child was taken, enticed, or retained
3-3 <geographic area of the counties composing the judicial district if
3-4 the court is a district court or the county if the court is a
3-5 statutory county court>, within three days after the date of the
3-6 commission of the offense.
3-7 (e) <(d)> An offense under this section is a felony of the
3-8 third degree.
3-9 Sec. 25.031. AGGRAVATED INTERFERENCE WITH POSSESSION OF OR
3-10 ACCESS TO A CHILD <AGREEMENT TO ABDUCT FROM CUSTODY>. (a) A
3-11 person commits an offense if the person:
3-12 (1) with intent to commit the offense of interference
3-13 with possession of or access to a child as defined by Section 25.03
3-14 of this code pays or promises to pay anything of value to another
3-15 to engage in specific conduct that under circumstances surrounding
3-16 the conduct, as the actor believes them to be, would constitute the
3-17 offense or make the other person a party to its commission; or
3-18 (2) commits the offense of interference with
3-19 possession of or access to a child as defined by Section 25.03 of
3-20 this code and the person:
3-21 (A) commits the offense for remuneration or the
3-22 promise of remuneration;
3-23 (B) takes the child outside the state during the
3-24 commission of the offense; or
3-25 (C) detains or conceals the child in a place
4-1 unknown to the person whose right to possession of or access to the
4-2 child has been subjected to interference <; agrees, for
4-3 remuneration or the promise of remuneration, to abduct a child by
4-4 force, threat of force, misrepresentation, stealth, or unlawful
4-5 entry; knowing that the child is under the care and control of
4-6 another person who is exercising care and control with the consent
4-7 of a person having custody or physical possession under a court
4-8 order>.
4-9 (b) It is a defense to prosecution under Subsection
4-10 (a)(2)(C) of this section that the actor reasonably believed at the
4-11 time of the offense that the person entitled to lawful possession
4-12 of or access to the child posed an imminent risk of harm to the
4-13 child's health or safety.
4-14 (c) <(b)> An offense under this section is a felony of the
4-15 second <third> degree.
4-16 SECTION 3. This Act takes effect September 1, 1993.
4-17 SECTION 4. (a) The change in law made by this Act applies
4-18 only to an offense committed on or after the effective date of this
4-19 Act. For purposes of this section, an offense is committed before
4-20 the effective date of this Act if any element of the offense occurs
4-21 before that date.
4-22 (b) An offense committed before the effective date of this
4-23 Act is covered by the law in effect when the offense was committed,
4-24 and the former law is continued in effect for this purpose.
4-25 SECTION 5. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended.