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.