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.