HBA-CBW, KDB H.B. 680 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 680
By: Goodman
Juvenile Justice & Family Issues
3/5/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, there are many missing children in Texas.  A large number of
them have been kidnapped by a parent, conservator, or guardian of the
child. This often happens when decisions are being made in court about the
possession of or access to the child.  House Bill 680 provides that taking
a child with intent to deprive a parent or conservator of the possession of
or access to a child is an offense.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill  680 amends the Penal Code to provide that a person commits an
offense if, regardless of the existence of a court order or judgment
relating to the right to the possession of or access to the child, the
person takes or retains a child younger than 18 years of age with the
intent to deprive another individual of the right to the possession of or
access to the child or a court of its authority over the child.  The bill
modifies provisions relating to the presumption of an intent to deprive an
individual of such possession or access. The bill provides that it is an
affirmative defense to prosecution that the actor reasonably believed the
conduct was necessary to prevent imminent danger of family violence to the
actor, the child, or another and the actor gave appropriate notice of the
child's location. The bill removes the provision which establishes that it
is an affirmative defense to prosecution that the actor returned the child
to a specified geographic area within three days after the date of the
commission of the offense.  The bill provides that it is not a defense to
prosecution that the actor's conduct complied with a court order or
judgment  relating to the right to the possession of or access to the child
if the order or judgment was entered after the date the actor began to
engage in the conduct. The bill provides that it is a felony of the third
degree if the actor intended to commit a felony against the child or used
an electronic communication to entice, persuade, or take the child.  H.B.
680 amends the Code of Criminal Procedure to modify the definitions of
"missing child" and "legal custodian of a child." 

EFFECTIVE DATE

September 1, 2001.