By Harris S.B. No. 580
76R4202 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of an offense for violating a court order
1-3 regarding the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 25.03(a) and (b), Penal Code, are
1-6 amended to read as follows:
1-7 (a) A person commits an offense if the person [he] takes or
1-8 retains a child younger than 18 years when the person [he]:
1-9 (1) knows that the [his] taking or retention violates
1-10 the express terms of a judgment or order of a court that provides
1-11 for the possession of or access to the child [disposing of the
1-12 child's custody]; or
1-13 (2) has not been appointed managing or possessory
1-14 conservator [awarded custody] of the child by a court of competent
1-15 jurisdiction, knows that a suit for divorce or a civil suit or
1-16 application for habeas corpus to provide for possession of or
1-17 access to the child [dispose of the child's custody] has been
1-18 filed, and takes the child out of the geographic area of the
1-19 counties composing the judicial district if the court is a district
1-20 court or the county if the court is a statutory county court,
1-21 without the permission of the court and with the intent to deprive
1-22 the court of authority over the child.
1-23 (b) A person who has been appointed possessory conservator
1-24 or joint managing conservator of a child younger than 18 years of
2-1 age and is not the person with whom the child primarily resides
2-2 [noncustodial parent] commits an offense if, with the intent to
2-3 interfere with the express terms of a judgment or order of a court
2-4 that provides for the possession of or access to the [lawful
2-5 custody of a] child [younger than 18 years], the person [he]
2-6 knowingly entices or persuades the child to leave the care,
2-7 custody, or control of:
2-8 (1) a person who has been appointed managing
2-9 conservator of the child and who designates the primary residence
2-10 of the child; or
2-11 (2) the [custodial parent,] guardian [, or person
2-12 standing in the stead of the custodial parent or guardian] of the
2-13 child.
2-14 SECTION 2. Chapter 25, Penal Code, is amended by adding
2-15 Section 25.032 to read as follows:
2-16 Sec. 25.032. VIOLATION OF COURT ORDER REGARDING PARENT-CHILD
2-17 RELATIONSHIP. (a) A person who has been appointed managing
2-18 conservator of a child and is the person with whom the child
2-19 primarily resides commits an offense if the person:
2-20 (1) intentionally or knowingly interferes with the
2-21 possession of or access to the child by a person who has been
2-22 appointed possessory conservator or managing conservator of the
2-23 child and with whom the child does not primarily reside; and
2-24 (2) knows that the interference is in violation of the
2-25 express terms of a judgment or order of a court that provides for
2-26 the possession of or access to a child.
2-27 (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.