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.