By: Wise H.B. No. 63
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of, the punishment for, and venue in the
prosecution of certain offenses involving the abduction of or
interference with the custody of children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 13, Code of Criminal Procedure, is
amended by adding Article 13.28 to read as follows:
Art. 13.28. OFFENSES INVOLVING CHILD CUSTODY. An offense
under Section 25.03, 25.031, or 25.04, Penal Code, may be
prosecuted in the county in which:
(1) the offense was committed;
(2) the child was found;
(3) the parent, guardian, or other person having
lawful custody or physical possession of the child resides; or
(4) the governmental agency having custody or physical
possession of the child under court order is located.
SECTION 2. Article 42.0371(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The court shall order a defendant convicted of an
offense under Chapter 20, Penal Code, or Section 25.03, 25.031, or
25.04, Penal Code, to pay restitution:
(1) to the victim of the offense in an amount equal to:
(A) the cost of necessary rehabilitation for the
victim, including medical, psychiatric, and psychological care and
treatment;
(B) the cost incurred in returning the victim to
the parent, guardian, or other person having lawful custody or
physical possession of the victim; and
(C) any other cost reasonably incurred by the
victim as a result of the defendent committing the offense; and
(2) to a private entity that provided uncompensated
victim assistance services to the victim in an amount equal to the
reasonable cost of those services [, for the victim of the offense
if the victim is younger than 17 years of age].
SECTION 3. Sections 25.03(c) and (d), Penal Code, are
amended to read as follows:
(c) [It is a defense to prosecution under Subsection (a)(2)
that the actor returned the child to the geographic area of the
counties composing the judicial district if the court is a district
court or the county if the court is a statutory county court, within
three days after the date of the commission of the offense.
[(d)] An offense under this section is a [state jail] felony
of the third degree.
SECTION 4. Section 25.031(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a [state jail] felony
of the third degree.
SECTION 5. Section 25.04(b), Penal Code, is amended to
read as follows:
(b) An offense under this section is a state jail felony
[Class B misdemeanor], unless it is shown on the trial of the
offense that the actor intended to commit a felony against the
child, in which event an offense under this section is a felony of
the third degree.
SECTION 6. Chapter 25, Penal Code, is amended by adding
Sections 25.10 and 25.11 to read as follows:
Sec. 25.10. SUBSEQUENT CUSTODY OR VISITATION ORDER NO
DEFENSE. Except as provided by Section 25.11, it is not a defense to
prosecution under Section 25.03, 25.031, or 25.04 that the actor,
after committing the offense, is awarded custody or visitation of
the child by a court of competent jurisdiction.
Sec. 25.11. NECESSITY DEFENSE FOR OFFENSES INVOLVING CHILD
CUSTODY. (a) It is a defense to prosecution under Section 25.03,
25.031, or 25.04, that the actor:
(1) believed in good faith that the actor's conduct was
immediately necessary to avoid imminent harm to the child; and
(2) filed, not later than 72 hours after committing
the offense, a suit for modification of the child's custody or
possession order in the court with continuing, exclusive
jurisdiction.
(b) A petition requesting modification of a custody or
possession order under Subsection (a)(2) must include
documentation of the harm that the actor sought to avoid by
committing the offense.
SECTION 7. (a) The change in law made by this Act applies
only to an offense, or the venue for the trial of an offense,
committed on or after the effective date of this Act. For purposes
of this section, an offense is committed before the effective date
of this Act if any element of the offense occurs before that date.
(b) An offense, or the venue for the trial of an offense,
committed before the effective date of this Act is covered by the
law in effect when the offense was committed, and the former law is
continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2003.