By Greenberg H.B. No. 1573
74R5270 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offenses of interference with conservatorship,
1-3 custody, or possession of or access to a child and aggravated
1-4 interference with conservatorship, custody, or possession of or
1-5 access to a child; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 25.03, Penal Code, is amended to read as
1-8 follows:
1-9 Sec. 25.03. INTERFERENCE WITH CONSERVATORSHIP, CUSTODY, OR
1-10 POSSESSION OF OR ACCESS TO A CHILD <CUSTODY>. (a) A person
1-11 commits an offense if the person <he> takes, entices away, or
1-12 retains a child younger than 18 years with intent to deprive
1-13 another person of conservatorship, custody, or possession of or
1-14 access to the child when the person <he>:
1-15 (1) knows that the <his> taking, enticement, or
1-16 retention violates the express terms of a judgment or order of a
1-17 court for the conservatorship, custody, or possession of or access
1-18 to the child <disposing of the child's custody>; <or>
1-19 (2) <has not been awarded custody of the child by a
1-20 court of competent jurisdiction,> knows that a suit seeking the
1-21 conservatorship, custody, or possession of or access to the child
1-22 <for divorce or a civil suit or application for habeas corpus to
1-23 dispose of the child's custody> has been filed, and takes the child
1-24 out of the geographic area of the counties composing the judicial
2-1 district if the court is a district court or the county if the
2-2 court is a statutory county court, without the permission of the
2-3 court and with the intent to deprive the court of authority over
2-4 the child;
2-5 (3) knows that in the absence of a judgment or court
2-6 order for conservatorship, custody, or possession of or access to
2-7 the child:
2-8 (A) the taking, enticement, or retention
2-9 deprives a parent of a parental right or duty described by Section
2-10 12.04, Family Code; and
2-11 (B) the parent does not consent or approve of
2-12 the deprivation of the parental rights or duties described by
2-13 Section 12.04; or
2-14 (4) is a parent of the child and refuses to inform the
2-15 other parent of the child's location before the end of the third
2-16 day after the date on which the child was taken or enticed away, in
2-17 the absence of a judgment or court order for conservatorship,
2-18 custody, or possession of or access to the child.
2-19 (b) It is not a defense to prosecution under Subsection (a)
2-20 that the actor is a joint managing conservator of the child <A
2-21 noncustodial parent commits an offense if, with the intent to
2-22 interfere with the lawful custody of a child younger than 18 years,
2-23 he knowingly entices or persuades the child to leave the custody of
2-24 the custodial parent, guardian, or person standing in the stead of
2-25 the custodial parent or guardian of the child>.
2-26 (c) It is a defense to prosecution under Subsection (a)(2)
2-27 that the actor returned the child to the geographic area of the
3-1 counties composing the judicial district if the court is a district
3-2 court or the county if the court is a statutory county court,
3-3 within three days after the date of the commission of the offense.
3-4 (d) It is a defense to prosecution under this section that
3-5 the actor reasonably believed at the time of the offense that the
3-6 person entitled to lawful conservatorship, custody, or possession
3-7 of or access to the child posed an imminent risk of harm to the
3-8 child's health or safety.
3-9 (e) <(d)> An offense under this section is a <state jail>
3-10 felony of the third degree.
3-11 SECTION 2. Section 25.031, Penal Code, is amended to read as
3-12 follows:
3-13 Sec. 25.031. AGGRAVATED INTERFERENCE WITH CONSERVATORSHIP,
3-14 CUSTODY, OR POSSESSION OF OR ACCESS TO A CHILD <AGREEMENT TO ABDUCT
3-15 FROM CUSTODY>. (a) A person commits an offense if the person
3-16 commits an offense under Section 25.03 and the person:
3-17 (1) commits the offense <agrees,> for remuneration or
3-18 the promise of remuneration or employs another to commit the
3-19 offense for remuneration or the promise of remuneration; or
3-20 (2) takes the child outside this state during the
3-21 commission of the offense <, to abduct a child younger than 18
3-22 years of age by force, threat of force, misrepresentation, stealth,
3-23 or unlawful entry, knowing that the child is under the care and
3-24 control of a person having custody or physical possession of the
3-25 child under a court order or under the care and control of another
3-26 person who is exercising care and control with the consent of a
3-27 person having custody or physical possession under a court order>.
4-1 (b) An offense under this section is a <state jail> felony
4-2 of the second degree.
4-3 SECTION 3. This Act takes effect September 1, 1995.
4-4 SECTION 4. (a) The change in law made by this Act applies
4-5 only to an offense committed on or after the effective date of this
4-6 Act. For purposes of this section, an offense is committed before
4-7 the effective date of this Act if any element of the offense occurs
4-8 before that date.
4-9 (b) An offense committed before the effective date of this
4-10 Act is covered by the law in effect when the offense was committed,
4-11 and the former law is continued in effect for this purpose.
4-12 SECTION 5. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended.