C.S.H.B. 1909 78(R)    BILL ANALYSIS


C.S.H.B. 1909
By: Talton
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, it is a state jail felony if after filing a suit affecting the
parent-child relationship a noncustodial parent knowingly removes the
child from the a geographical area without giving prior notice to the
court and custodial parent.  Conversely, a custodial parent may remove the
child from the region without fear of penalty.  C.S.H.B.1909 makes it a
state jail felony for a person, regardless if the person is the custodial
or non-custodial parent, to retain a child without permission of the court
with the intent to deprive another conservator of the possession of or
access to the child.  

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. 

ANALYSIS

C.S.H.B.1909 amends the Penal Code to modify provisions relating to the
prosecution of the offense of interference with child custody. The bill
provides that if a person's taking or retention violates the express terms
of a judgement or court order of a court effecting possession of a child
it is punishable by a state jail felony.  Also,  if after a suit affecting
the parent-child relationship is filed, a managing or possessory
conservator of a child takes or retains a child without permission of the
court with the intent to deprive another conservator of the child of
possession of or access to the child the person has committed an offense
punishable by a state jail felony.  Finally,  if the conservator changes
the physical residence of the child or any other information necessary for
possession of or access to the child, it is punishable by a state jail
felony. The bill provides that it is a defense to prosecution that the
managing conservator used due diligence and reasonable methods of
communication in attempting to provide the other managing or possessory
conservator of the child with the necessary information for location of
the child.  


EFFECTIVE DATE

September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.1909 modifies the original H.B.1909 by providing in Section
25.03(a)(3) language that would require the conservator to gain permission
of the court before changing the physical residence of the child. Some
custody agreements include this requirement, but the original version of
the bill would require all parents to gain permission from the court
though this was not required in the custody agreement.  The substitute
language allows the custody agreement to prescribe a requirement of the
conservator parent to gain permission from the court before changing the
address of the child.