By: Harris, Ellis S.B. No. 580
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of an offense for violating a court order
1-2 regarding the parent-child relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a) and (b), Section 25.03, Penal
1-5 Code, are amended to read as follows:
1-6 (a) A person commits an offense if the person [he] takes or
1-7 retains a child younger than 18 years when the person [he]:
1-8 (1) knows that the [his] taking or retention violates
1-9 the express terms of a judgment or order of a court that provides
1-10 for the possession of or access to the child [disposing of the
1-11 child's custody]; or
1-12 (2) has not been appointed managing or possessory
1-13 conservator [awarded custody] of the child by a court of competent
1-14 jurisdiction, knows that a suit for divorce or a civil suit or
1-15 application for habeas corpus to provide for possession of or
1-16 access to the child [dispose of the child's custody] has been
1-17 filed, and takes the child out of the geographic area of the
1-18 counties composing the judicial district if the court is a district
1-19 court or the county if the court is a statutory county court,
1-20 without the permission of the court and with the intent to deprive
1-21 the court of authority over the child.
1-22 (b) A person who has been appointed possessory conservator
1-23 or joint managing conservator of a child younger than 18 years of
1-24 age and is not the person with whom the child primarily resides
2-1 [noncustodial parent] commits an offense if, with the intent to
2-2 interfere with the express terms of a judgment or order of a court
2-3 that provides for the possession of or access to the [lawful
2-4 custody of a] child [younger than 18 years], the person [he]
2-5 knowingly entices or persuades the child to leave the care,
2-6 custody, or control of:
2-7 (1) a person who has been appointed managing
2-8 conservator of the child and who designates the primary residence
2-9 of the child; or
2-10 (2) the [custodial parent,] guardian[, or person
2-11 standing in the stead of the custodial parent or guardian] of the
2-12 child.
2-13 SECTION 2. Chapter 25, Penal Code, is amended by adding
2-14 Section 25.032 to read as follows:
2-15 Sec. 25.032. VIOLATION OF COURT ORDER REGARDING PARENT-CHILD
2-16 RELATIONSHIP. (a) A person who has been appointed managing
2-17 conservator of a child and is the person with whom the child
2-18 primarily resides commits an offense if the person:
2-19 (1) intentionally or knowingly interferes with the
2-20 possession of or access to the child by a person who has been
2-21 appointed possessory conservator or managing conservator of the
2-22 child and with whom the child does not primarily reside; and
2-23 (2) knows that the interference is in violation of the
2-24 express terms of a judgment or order of a court that provides for
2-25 the possession of or access to a child.
2-26 (b) Except as provided by Subsection (c), an offense under
3-1 this section is a misdemeanor punishable by a fine not to exceed
3-2 $50.
3-3 (c) If it is shown on the trial of an offense punishable
3-4 under Subsection (a) that the defendant has previously been
3-5 convicted of two offenses under this section and the second
3-6 previous conviction is for an offense that occurred subsequent to
3-7 the entry of judgment for the first previous conviction, on
3-8 conviction the defendant shall be punished for a Class C
3-9 misdemeanor. Section 12.03(c) does not prohibit the use for
3-10 enhancement purposes of a prior conviction of an offense under this
3-11 section.
3-12 SECTION 3. This Act takes effect September 1, 1999.
3-13 SECTION 4. (a) The change in law made by this Act to
3-14 Section 25.03, Penal Code, applies only to an offense committed on
3-15 or after the effective date of this Act. For purposes of this
3-16 section, an offense is committed before the effective date of this
3-17 Act if any element of the offense occurs before that date.
3-18 (b) An offense committed before the effective date of this
3-19 Act is covered by the law in effect when the offense was committed,
3-20 and the former law is continued in effect for that purpose.
3-21 SECTION 5. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.