1-1     By:  Harris, Ellis                                     S.B. No. 580
 1-2           (In the Senate - Filed February 17, 1999; February 22, 1999,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 31, 1999, reported favorably by the following vote:  Yeas 3,
 1-5     Nays 0; March 31, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of an offense for violating a court order
 1-9     regarding the parent-child relationship.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Subsections (a) and (b), Section 25.03, Penal
1-12     Code, are amended to read as follows:
1-13           (a)  A person commits an offense if the person [he] takes or
1-14     retains a child younger than 18 years when the person [he]:
1-15                 (1)  knows that the [his] taking or retention violates
1-16     the express terms of a judgment or order of a court that provides
1-17     for the possession of or access to the child [disposing of the
1-18     child's custody]; or
1-19                 (2)  has not been appointed managing or possessory
1-20     conservator [awarded custody] of the child by a court of competent
1-21     jurisdiction, knows that a suit for divorce or a civil suit or
1-22     application for habeas corpus to provide for possession of or
1-23     access to the child [dispose of the child's custody] has been
1-24     filed, and takes the child out of the geographic area of the
1-25     counties composing the judicial district if the court is a district
1-26     court or the county if the court is a statutory county court,
1-27     without the permission of the court and with the intent to deprive
1-28     the court of authority over the child.
1-29           (b)  A person who has been appointed possessory conservator
1-30     or joint managing conservator of a child younger than 18 years of
1-31     age and is not the person with whom the child primarily resides
1-32     [noncustodial parent] commits an offense if, with the intent to
1-33     interfere with the express terms of a judgment or order of a court
1-34     that provides for the possession of or access to the [lawful
1-35     custody of a] child [younger than 18 years], the person [he]
1-36     knowingly entices or persuades the child to leave the care,
1-37     custody, or control of:
1-38                 (1)  a person who has been appointed managing
1-39     conservator of the child and who designates the primary residence
1-40     of the child; or
1-41                 (2)  the [custodial parent,] guardian[, or person
1-42     standing in the stead of the custodial parent or guardian] of the
1-43     child.
1-44           SECTION 2.  Chapter 25, Penal Code, is amended by adding
1-45     Section 25.032 to read as follows:
1-46           Sec. 25.032.  VIOLATION OF COURT ORDER REGARDING PARENT-CHILD
1-47     RELATIONSHIP.  (a)  A person who has been appointed managing
1-48     conservator of a child and is the person with whom the child
1-49     primarily resides commits an offense if the person:
1-50                 (1)  intentionally or knowingly interferes with the
1-51     possession of or access to the child by a person who has been
1-52     appointed possessory conservator or managing conservator of the
1-53     child and with whom the child does not primarily reside; and
1-54                 (2)  knows that the interference is in violation of the
1-55     express terms of a judgment or order of a court that provides for
1-56     the possession of or access to a child.
1-57           (b)  Except as provided by Subsection (c), an offense under
1-58     this section is a misdemeanor punishable by a fine not to exceed
1-59     $50.
1-60           (c)  If it is shown on the trial of an offense punishable
1-61     under Subsection (a)  that the defendant has previously been
1-62     convicted of two offenses under this section and the second
1-63     previous conviction is for an offense that occurred subsequent to
1-64     the entry of judgment for the first previous conviction, on
 2-1     conviction the defendant shall be punished for a Class C
 2-2     misdemeanor.  Section 12.03(c) does not prohibit the use for
 2-3     enhancement purposes of a prior conviction of an offense under this
 2-4     section.
 2-5           SECTION 3.  This Act takes effect September 1, 1999.
 2-6           SECTION 4.  (a)  The change in law made by this Act to
 2-7     Section 25.03, Penal Code, applies only to an offense committed on
 2-8     or after the effective date of this Act.  For purposes of this
 2-9     section, an offense is committed before the effective date of this
2-10     Act if any element of the offense occurs before that date.
2-11           (b)  An offense committed before the effective date of this
2-12     Act is covered by the law in effect when the offense was committed,
2-13     and the former law is continued in effect for that purpose.
2-14           SECTION 5.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended.
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