By Talton                                             H.B. No. 1655
         77R3093 KEL-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of the offense of interference with
 1-3     child custody.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 25.03, Penal Code, is amended to read as
 1-6     follows:
 1-7           Sec. 25.03.  INTERFERENCE WITH CHILD CUSTODY. (a)  A person
 1-8     commits an offense if the person [he] takes or retains a child
 1-9     younger than 18 years of age when the person [he]:
1-10                 (1)  knows that the [his] taking or retention violates
1-11     the express terms of a judgment or order of a court that provides
1-12     for the possession of or access to the child [disposing of the
1-13     child's custody]; [or]
1-14                 (2)  has not been appointed managing or possessory
1-15     conservator [awarded custody] of the child by a court of competent
1-16     jurisdiction, knows that a suit for divorce, a suit affecting the
1-17     parent-child relationship, or a civil suit or application for
1-18     habeas corpus to provide for possession of or access to the child
1-19     [dispose of the child's custody] has been filed, and takes the
1-20     child out of the geographic area of the counties composing the
1-21     judicial district if the court is a district court or the county if
1-22     the court is a statutory county court, without the permission of
1-23     the court and with the intent to deprive the court of authority
1-24     over the child; or
 2-1                 (3)  has been appointed managing or possessory
 2-2     conservator of the child by a court of competent jurisdiction and,
 2-3     without the permission of the court and with the intent to deprive
 2-4     another conservator of the child of possession of or access to the
 2-5     child, changes the physical residence of the child without
 2-6     notifying the other conservator of the child's new address and any
 2-7     other information necessary for possession of or access to the
 2-8     child.
 2-9           (b)  A noncustodial parent commits an offense if, with the
2-10     intent to interfere with the lawful custody of a child younger than
2-11     18 years of age, he knowingly entices or persuades the child to
2-12     leave the custody of the custodial parent, guardian, or person
2-13     standing in the stead of the custodial parent or guardian of the
2-14     child.
2-15           (c)  It is a defense to prosecution under Subsection (a)(2)
2-16     that the actor returned the child to the geographic area of the
2-17     counties composing the judicial district if the court is a district
2-18     court or the county if the court is a statutory county court,
2-19     within three days after the date of the commission of the offense.
2-20           (d)  It is a defense to prosecution under Subsection (a)(3)
2-21     that the actor attempted, using due diligence and reasonable
2-22     methods of communication, to provide the other managing or
2-23     possessory conservator of the child with the necessary information.
2-24           (e)  An offense under this section is a state jail felony.
2-25           SECTION 2. (a)  The change in law made by this Act applies
2-26     only to an offense committed on or after the effective date of this
2-27     Act.  For purposes of this section, an offense is committed before
 3-1     the effective date of this Act if any element of the offense occurs
 3-2     before that date.
 3-3           (b)  An offense committed before the effective date of this
 3-4     Act is covered by the law in effect when the offense was committed,
 3-5     and the former law is continued in effect for that purpose.
 3-6           SECTION 3. This Act takes effect September 1, 2001.