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.