C.S.H.B. 79 78(R)    BILL ANALYSIS


C.S.H.B. 79
By: Wise
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The abduction of children by family members is becoming more prevalent
across the U.S. Interference with custody and visitation rights compounds
the problem. Family abduction, parental kidnapping, or custodial
interference occurs when a parent or family member unlawfully abducts,
restraints, or conceals a child from the custodial parent or guardian.
This situation is a difficult problem for  both the criminal and civil
justice systems.  These abducted children are clearly at risk and are
often the victims of emotional trauma and neglect.  

C.S.H.B.79 would strengthen current law, particularly in the civil justice
system, involving the abduction of children by family members.  This
substitute amends the Family Code as well as the Code of Criminal
Procedure to make it easier to prosecute such cases and to provide proper
compensation for victims.  In short, this substitute provides added
protection and guarantees to the child victim in cases involving child
custody matters. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Subchapter A, Chapter 153, Family Code by adding Section
153.0035 to read as follows:  EXCLUSIVE RIGHT TO POSSESSION PRESUMED.
This section provides that it is presumed that the mother of a child is
entitled to exclusive physical possession of the child if: (1)  the mother
was not married at the time of the child's birth; (2)  paternity of the
child has not been established;  (3)  there is no court order that
provides for possession of or access to the child; and (4)  the child
lives with the mother.  

SECTION 2.Amends Subchapter B, Chapter 56, Code of Criminal Procedure, by
adding Article 56.545 entitled COMPENSATION FOR VICTIMS OF INTERFERENCE
WITH CHILD CUSTODY.  This section defines "victim" as a parent of a child
taken or  retained in violation of Section 25.03, Penal Code, or a child
taken or retained in violation of Section 25.03, Penal Code. The term does
not include the parent who is prosecuted for violating Section 25.03,
Penal Code.  Additionally, it states that the attorney general shall award
compensation for a loss arising from the commission of an offense under
Section 25.03, Penal Code, in substantially the same manner as the
attorney general is required to award compensation under this subchapter
for a pecuniary loss arising from criminally injurious conduct.    
 
SECTION 3.This Act takes effect September 1, 2003.  Prospective provisions

EFFECTIVE DATE

September 1, 2003.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.79 modifies the original H.B.79 by striking Sections 1, 2, 3, 4, 5
and 7. Section 151.006 is now provided in Section 153.0035, Family Code,
of the substitute. Section 6 in the original bill is now in Section 2 of
the substitute.