H.B. 227 78(R)    BILL ANALYSIS


H.B. 227
By: Keel
Juvenile Justice & Family Issues
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Peace officers frequently are met with child custody situations wherein a
parent has called law enforcement because the other parent has either
refused to relinquish custody of a child per the terms of a court decree,
or fails to return a child in compliance with such terms. Currently, in
Texas there is inconsistent enforcement of such decrees when police are
called. Some agencies will act when presented with a presumably valid
court order. Other agencies will not, even when presented with a court
order that appears valid on its face. A legitimate concern under such
circumstances is the possibility that such a decree could have been
changed or overturned by subsequent court order.  

Officers, also do not have any way to readily check the validity of the
document itself, and are understandably concerned about departmental
liability. These situations frequently occur during night or weekend
hours.  

House Bill 227 institutes a consistent statewide policy that provides for
peace officer enforcement of child custody orders in circumstances where
peace officers are often summoned, such as disturbance calls involving
disputes during the exchanges of children or allegations of kidnaping by
one parent against another parent. H.B. 227 would also indemnify the peace
officer and the peace officer's agency against claims where the officer
relies on a document that appears to be a valid court order. A person who
knowingly presents an invalid court order would be subject to a criminal
penalty punishable by confinement in jail for up to two years and a fine
of up to $10,000.00. 


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 Section 105.006, Family Code, by adding Subsection
(e-1), as follows: 

(e-1)  Indemnifies a peace officer and the peace officer's agency, when
enforcing a court ordered custody decree, against claims when the officer
relies on a document that appears to be a valid court order. A person who
knowingly presents an invalid court order would be subject to a criminal
penalty punishable by confinement in jail for up to two years and a fine
of up to $10,000.00. Sets forth language to be included in the order.  

SECTION 2.     (a) This Act takes effect September 1, 2003.

(b)  The change in law made by this Act applies only to a court order
providing for the possession of or access to a child that is rendered on
or after the effective date of this Act. A court order providing for the
possession of or access to a child that is rendered before the effective
date of this Act is governed by the law in effect immediately before the
effective date of this Act, and the former law is continued in effect for
that purpose. 

EFFECTIVE DATE

September 1, 2003.
 
EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 allows a peace officer to permissively use
reasonable efforts to enforce the terms of child custody, specified in a
court order.