SRC-AXB S.B. 580 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 580
76R4202  KLA-DBy: Harris
Jurisprudence
3/16/1999
As Filed


DIGEST 

Currently, the Penal Code description of penalties for interference of
child custody is unclear and provides an extremely severe, and rarely used
penalty for a managing conservator who interferes with a possession order.
This bill would clarify and update the language and violations relating to
possessory or managing conservators, and reduce the penalty for violation
of a possession order to a $50 maximum misdemeanor, with misdemeanor
enhancement only upon repeated violations. 

PURPOSE

As proposed, S.B. 580 clarifies and updates language, penalties, and
violations relating to possessory or managing conservators. 

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 Sections 25.03(a) and (b), Penal Code, to provide that a
person commits an offense if the person knows that taking a child under 18
years of age violates a court order that provides for the possession of or
access to the child, rather than disposing of the child's custody. Provides
that a person commits an offense by taking a child under 18 years of age
without being appointed managing or possessory conservator (conservator),
rather than awarded custody, of the child.  Provides that a conservator,
rather than a noncustodial parent, commits an offense by intending to
interfere with the express terms of a judgment or order of a court that
provides for the possession of or access to, rather than lawful custody of,
a child younger than 18 years of age. Provides that a person commits an
offense by knowingly encouraging a child to leave the care of one appointed
as the child's conservator and who designates the child's primary
residence.  Deletes language describing a child's guardian.  Makes
conforming and  nonsubstantive changes. 

SECTION 2.  Amends Chapter 25, Penal Code, by adding Section 25.032, as
follows: 

Sec.  25.032.  VIOLATION OF COURT ORDER REGARDING PARENT-CHILD
RELATIONSHIP.  Provides that a conservator with whom the child primarily
resides commits an offense by interfering with a certain person's access to
the child, and also commits an offense by knowing that such interference
violates a court order relating to the possession of or access to the
child.  Provides that an offense under this section is a misdemeanor
punishable by a maximum fine of $50, except as provided by Subsection (c),
which sets forth provisions requiring a violator to be punished for a Class
C misdemeanor. Provides that Section 12.03(c), Penal Code, does not
prohibit the use of a prior conviction under this section, for enhancement
purposes.  

SECTION 3.  Effective date:  September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.