1-1     By:  Bonnen (Senate Sponsor - Brown)                  H.B. No. 2621
 1-2           (In the Senate - Received from the House April 9, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Jurisprudence; May 1, 2001, reported favorably by the following
 1-5     vote:  Yeas 6, Nays 0; May 1, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the offense of interference with child custody.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Sections 25.03(a) and (b), Penal Code, are
1-11     amended to read as follows:
1-12           (a)  A person commits an offense if the person [he] takes or
1-13     retains a child younger than 18 years when the person [he]:
1-14                 (1)  knows that the person's [his] taking or retention
1-15     violates the express terms of a judgment or order of a court
1-16     disposing of the child's custody; or
1-17                 (2)  has not been awarded custody of the child by a
1-18     court of competent jurisdiction, knows that a suit for divorce or a
1-19     civil suit or application for habeas corpus to dispose of the
1-20     child's custody has been filed, and takes the child out of the
1-21     geographic area of the counties composing the judicial district if
1-22     the court is a district court or the county if the court is a
1-23     statutory county court, without the permission of the court and
1-24     with the intent to deprive the court of authority over the child.
1-25           (b)  A noncustodial parent commits an offense if, with the
1-26     intent to interfere with the lawful custody of a child younger than
1-27     18 years, the noncustodial parent [he] knowingly entices or
1-28     persuades the child to leave the custody of the custodial parent,
1-29     guardian, or person standing in the stead of the custodial parent
1-30     or guardian of the child.
1-31           SECTION 2.  This Act takes effect immediately if it receives
1-32     a vote of two-thirds of all the members elected to each house, as
1-33     provided by Section 39, Article III, Texas Constitution.  If this
1-34     Act does not receive the vote necessary for immediate effect, this
1-35     Act takes effect September 1, 2001.
1-36                                  * * * * *