By Wise H.B. No. 220
77R1897 KEL-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution of, the punishment for, and venue in
1-3 the prosecution of certain offenses involving the abduction of or
1-4 interference with the custody of children.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 13, Code of Criminal Procedure, is
1-7 amended by adding Article 13.28 to read as follows:
1-8 Art. 13.28. OFFENSES INVOLVING CHILD CUSTODY. An offense
1-9 under Section 25.03, 25.031, or 25.04, Penal Code, may be
1-10 prosecuted in the county in which:
1-11 (1) the offense was committed;
1-12 (2) the child was found;
1-13 (3) the parent, guardian, or other person having
1-14 lawful custody or physical possession of the child resides; or
1-15 (4) the governmental agency having custody or physical
1-16 possession of the child under court order is located.
1-17 SECTION 2. Article 42.0371(a), Code of Criminal Procedure,
1-18 is amended to read as follows:
1-19 (a) The court shall order a defendant convicted of an
1-20 offense under Chapter 20, Penal Code, or Section 25.03, 25.031, or
1-21 25.04, Penal Code, to pay restitution:
1-22 (1) to the victim of the offense in an amount equal
1-23 to:
1-24 (A) the cost of necessary rehabilitation for the
2-1 victim, including medical, psychiatric, and psychological care and
2-2 treatment;
2-3 (B) the cost incurred in returning the victim to
2-4 the parent, guardian, or other person having lawful custody or
2-5 physical possession of the victim; and
2-6 (C) any other cost reasonably incurred by the
2-7 victim as a result of the defendent committing the offense; and
2-8 (2) to a private entity that provided uncompensated
2-9 victim assistance services to the victim in an amount equal to the
2-10 reasonable cost of those services [, for the victim of the offense
2-11 if the victim is younger than 17 years of age].
2-12 SECTION 3. Sections 25.03(c) and (d), Penal Code, are
2-13 amended to read as follows:
2-14 (c) [It is a defense to prosecution under Subsection (a)(2)
2-15 that the actor returned the child to the geographic area of the
2-16 counties composing the judicial district if the court is a district
2-17 court or the county if the court is a statutory county court,
2-18 within three days after the date of the commission of the offense.]
2-19 [(d)] An offense under this section is a [state jail] felony
2-20 of the third degree.
2-21 SECTION 4. Section 25.031(b), Penal Code, is amended to read
2-22 as follows:
2-23 (b) An offense under this section is a [state jail] felony
2-24 of the third degree.
2-25 SECTION 5. Section 25.04(b), Penal Code, is amended to read
2-26 as follows:
2-27 (b) An offense under this section is a state jail felony
3-1 [Class B misdemeanor], unless it is shown on the trial of the
3-2 offense that the actor intended to commit a felony against the
3-3 child, in which event an offense under this section is a felony of
3-4 the third degree.
3-5 SECTION 6. Chapter 25, Penal Code, is amended by adding
3-6 Sections 25.10 and 25.11 to read as follows:
3-7 Sec. 25.10. SUBSEQUENT CUSTODY OR VISITATION ORDER NO
3-8 DEFENSE. Except as provided by Section 25.11, it is not a defense
3-9 to prosecution under Section 25.03, 25.031, or 25.04 that the
3-10 actor, after committing the offense, is awarded custody or
3-11 visitation of the child by a court of competent jurisdiction.
3-12 Sec. 25.11. NECESSITY DEFENSE FOR OFFENSES INVOLVING CHILD
3-13 CUSTODY. (a) It is a defense to prosecution under Section 25.03,
3-14 25.031, or 25.04, that the actor:
3-15 (1) believed in good faith that the actor's conduct
3-16 was immediately necessary to avoid imminent harm to the child; and
3-17 (2) filed, not later than 72 hours after committing
3-18 the offense, a suit for modification of the child's custody or
3-19 possession order in the court with continuing, exclusive
3-20 jurisdiction.
3-21 (b) A petition requesting modification of a custody or
3-22 possession order under Subsection (a)(2) must include documentation
3-23 of the harm that the actor sought to avoid by committing the
3-24 offense.
3-25 SECTION 7. (a) The change in law made by this Act applies
3-26 only to an offense, or the venue for the trial of an offense,
3-27 committed on or after the effective date of this Act. For purposes
4-1 of this section, an offense is committed before the effective date
4-2 of this Act if any element of the offense occurs before that date.
4-3 (b) An offense, or the venue for the trial of an offense,
4-4 committed before the effective date of this Act is covered by the
4-5 law in effect when the offense was committed, and the former law is
4-6 continued in effect for that purpose.
4-7 SECTION 8. This Act takes effect September 1, 2001.