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.