By Reyna                                              H.B. No. 2778
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of interference with right of possession or
    1-3  access to a child.
    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 CHILD CUSTODY OR RIGHT OF
    1-8  POSSESSION OR ACCESS.  (a)  a person commits an offense if:
    1-9              (1)  the person <he> takes <or retains> a child younger
   1-10  than 18 years when the person <he:>
   1-11              <(1)>  knows that the <his> taking <or retention>
   1-12  violates the express terms of a judgment or order of a court
   1-13  disposing of the child's custody; or
   1-14              (2)  the person takes or retains a child younger than
   1-15  18 years when the person has not been awarded custody of the child
   1-16  by a court of competent jurisdiction, knows that a suit for divorce
   1-17  or a civil suit or application for habeas corpus to dispose of the
   1-18  child's custody has been filed, and takes the child out of the
   1-19  geographic area of the counties composing the judicial district if
   1-20  the court is a district court or the county if the court is a
   1-21  statutory county court, without the permission of the court and
   1-22  with the intent to deprive the court of authority over the child.
   1-23        (b)  A noncustodial parent commits an offense if, with the
    2-1  intent to interfere with the lawful custody of a child younger than
    2-2  18 years, he knowingly entices or persuades the child to leave the
    2-3  custody of the custodial parent, guardian, or person standing in
    2-4  the stead of the custodial parent or guardian of the child.
    2-5        (c)  A person commits an offense if the person:
    2-6              (1)  refuses to relinquish possession of or permit
    2-7  access to a child younger than 18 years when the person knows the
    2-8  refusal violates the express terms of a judgment or order of a
    2-9  court establishing the right of possession or access to the child;
   2-10  and
   2-11              (2)  previously on at least two occasions has refused
   2-12  to relinquish possession of or permit access to the same child
   2-13  under circumstances described by Subdivision (1) of this section.
   2-14        (d)  It is a defense to prosecution under Subsection (a)(2)
   2-15  of this section that the actor returned the child to the geographic
   2-16  area of the counties composing the judicial district if the court
   2-17  is a district court or the county if the court is a statutory
   2-18  county court, within three days after the date of the commission of
   2-19  the offense.
   2-20        (e) <(d)>  An offense under this section is a state jail
   2-21  felony.
   2-22        SECTION 2.  This Act takes effect September 1, 1995.
   2-23        SECTION 3.  The importance of this legislation and the
   2-24  crowded condition of the calendars in both houses create an
   2-25  emergency and an imperative public necessity that the
    3-1  constitutional rule requiring bills to be read on three several
    3-2  days in each house be suspended, and this rule is hereby suspended.