SRC-JFA S.B. 1329 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1329
By: Ellis
Jurisprudence
5-2-97
As Filed


DIGEST 

Currently, a parent who is entitled to visitation of a child and who is
denied possession of or access to a child has few remedies.  Although
current law provides for criminal penalty for the offense of interference
with child custody, prosecutors are often reluctant to prosecute custodial
parents who deny non-custodial parents access to their children. This bill
would amend Section 25.03, Penal Code, to impose a Class C misdemeanor
against a person who interferes with child custody. Additionally, this
bill would enable a peace officer to issue a citation immediately if a
person interferes with the non-custodial parent's access to a child.
Finally, this bill would provide for a penalty enhancement for an
individual who has two prior convictions for interference with child
custody.   
  
PURPOSE

As proposed, S.B. 1329 imposes a Class C misdemeanor against  a person who
interferes with child custody; enables a peace officer to issue a citation
immediately if a person interferes with a noncustodial parent's access to
the child; and provides a penalty enhancement for an individual who has
two prior convictions for interference with child custody. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 25.03, Penal Code, by amending Subsection (d),
and by adding Subsections (e)-(g), to provide that except as provided by
Subsection (e) or (f), an offense under this section is a Class C
misdemeanor, rather than a state jail felony.  Provides that an offense
under Subsection (a)(2) is a state jail felony.  Requires an offense, if
it is shown on the trial of an offense under this section that the
defendant has been convicted of an offense under this section on not less
than two previous occasions, on conviction of the defendant, to be
punished as a state jail felony. Authorizes a peace officer who is
charging a person with committing an offense under Subsection (a)(1),
instead of taking the person before a magistrate, to issue a citation to
the person that contains written notice of the time and place the person
must appear before a magistrate, the name and address of the person
charged, and the offense charged.   

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.