By: Barrientos S.B. No. 1497
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the offense of interference with right of possession or
1-2 access to a child.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.03, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 25.03. INTERFERENCE WITH CHILD CUSTODY OR RIGHT OF
1-7 POSSESSION OR ACCESS. (a) A person commits an offense if:
1-8 (1) the person is a joint managing conservator who
1-9 does not have custody of a child or a possessory conservator who
1-10 <he> takes or retains a child younger than 18 years when the person
1-11 <he:>
1-12 <(1)> knows that the <his> taking or retention
1-13 violates the express terms of a judgment or order of a court
1-14 disposing of the child's custody; or
1-15 (2) the person takes or retains a child younger than
1-16 18 years when the person has not been awarded custody of the child
1-17 by a court of competent jurisdiction, knows that a suit for divorce
1-18 or a civil suit or application for habeas corpus to dispose of the
1-19 child's custody has been filed, and takes the child out of the
1-20 geographic area of the counties composing the judicial district if
1-21 the court is a district court or the county if the court is a
1-22 statutory county court, without the permission of the court and
1-23 with the intent to deprive the court of authority over the child.
2-1 (b) A noncustodial parent commits an offense if, with the
2-2 intent to interfere with the lawful custody of a child younger than
2-3 18 years, he knowingly entices or persuades the child to leave the
2-4 custody of the custodial parent, guardian, or person standing in
2-5 the stead of the custodial parent or guardian of the child.
2-6 (c) A person who is a sole managing conservator who has
2-7 custody of a child or a joint managing conservator who has custody
2-8 of a child commits an offense if the person:
2-9 (1) refuses to relinquish possession of or permit
2-10 access to a child younger than 18 years when the person knows the
2-11 refusal violates the express terms of a judgment or order of a
2-12 court establishing the right of possession or access to the child;
2-13 and
2-14 (2) previously on at least two occasions has refused
2-15 to relinquish possession of or permit access to the same child
2-16 under circumstances described by Subdivision (1) of this section.
2-17 (d) It is a defense to prosecution under Subsection (a)(2)
2-18 of this section that the actor returned the child to the geographic
2-19 area of the counties composing the judicial district if the court
2-20 is a district court or the county if the court is a statutory
2-21 county court, within three days after the date of the commission of
2-22 the offense.
2-23 (e) <(d)> An offense under Subsection (a) or (b) of this
2-24 section is a felony of the third degree. An offense under
2-25 Subsection (c) of this section is a Class A misdemeanor.
3-1 SECTION 2. This Act takes effect September 1, 1993.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.