By Bonnen H.B. No. 2621
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of interference with child custody.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 25.03(a) and (b), Penal Code, are
1-5 amended to read as follows:
1-6 (a) A person commits an offense if the person [
he] takes or
1-7 retains a child younger than 18 years when the person [ he]:
1-8 (1) knows that the person's [ his] taking or retention
1-9 violates the express terms of a judgment or order of a court
1-10 disposing of the child's custody; or
1-11 (2) has not been awarded custody of the child by a
1-12 court of competent jurisdiction, knows that a suit for divorce or a
1-13 civil suit or application for habeas corpus to dispose of the
1-14 child's custody has been filed, and takes the child out of the
1-15 geographic area of the counties composing the judicial district if
1-16 the court is a district court or the county if the court is a
1-17 statutory county court, without the permission of the court and
1-18 with the intent to deprive the court of authority over the child.
1-19 (b) A noncustodial parent commits an offense if, with the
1-20 intent to interfere with the lawful custody of a child younger than
1-21 18 years, the noncustodial parent [ he] knowingly entices or
1-22 persuades the child to leave the custody of the custodial parent,
1-23 guardian, or person standing in the stead of the custodial parent
1-24 or guardian of the child.
2-1 SECTION 2. This Act takes effect immediately if it receives
2-2 a vote of two-thirds of all the members elected to each house, as
2-3 provided by Section 39, Article III, Texas Constitution. If this
2-4 Act does not receive the vote necessary for immediate effect, this
2-5 Act takes effect September 1, 2001.