AEZ H.B. 1259 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1259
By: Thompson
4-17-97
Committee Report (Unamended)



BACKGROUND 

In 1993 the legislature reduced interference with child custody from a
third degree felony to a state jail felony. The reasoning was that few
violators of this law were sent to prison. Now many people feel that for
some violators, specifically those who abduct children for extended
periods of time or remove them from the state altogether, of this statute
a maximum jail time of 2 years is not enough punishment. Also currently if
a custodial guardian fails to return a child charges cannot be pressed
because the person did not remove the child from the area. 

PURPOSE

HB 1259, as proposed, would increase the penalty for interference with
child custody to a third degree felony or in certain circumstances to a
second degree felony.  The bill would also add the retention of a child in
violation of a court order to this section. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS


SECTION 1.Amends Sections 25.03(a) and (d), Penal Code, to increase the
penalty for interference with child custody to a third degree felony or in
certain circumstances to a second degree felony, and adds the retention of
a child in violation of a court order to this section. 

SECTION 2. Application of the Act.

SECTION 3.Emergency Clause.