79R5459 KEL-D


By:  Talton                                                       H.B. No. 1129



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution of the offense of interference with 
child custody.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.03, Penal Code, is amended to read as 
follows:        
	Sec. 25.03.  INTERFERENCE WITH CHILD CUSTODY.  (a)  A 
person commits an offense if the person takes or retains a child 
younger than 18 years of age when the person:
		(1)  knows that the person's taking or retention 
violates the express terms of a judgment or order of a court that 
provides for the possession of or access to the child [disposing of 
the child's custody]; [or]
		(2)  has not been appointed managing or possessory 
conservator [awarded custody] of the child by a court of competent 
jurisdiction, knows that a suit for divorce, a suit affecting the 
parent-child relationship, or a civil suit or application for 
habeas corpus to provide for possession of or access to the child
[dispose of the child's custody] has been filed, and takes the child 
out of 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, without the permission of the court and 
with the intent to deprive the court of authority over the child; or
		(3)  has been appointed managing or possessory 
conservator of the child by a court of competent jurisdiction and, 
without the permission of the court and with the intent to deprive 
another conservator of the child of possession of or access to the 
child, changes the physical residence of the child without 
notifying the other conservator of the child's new address and any 
other information necessary for possession of or access to the 
child.
	(b)  A noncustodial parent commits an offense if, with the 
intent to interfere with the lawful custody of a child younger than 
18 years of age, the noncustodial parent knowingly entices or 
persuades the child to leave the custody of the custodial parent, 
guardian, or person standing in the stead of the custodial parent or 
guardian of the child.
	(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)  It is a defense to prosecution under Subsection (a)(3) 
that the actor attempted, using due diligence and reasonable 
methods of communication, to provide the other managing or 
possessory conservator of the child with the necessary information.
	(e)  An offense under this section is a state jail felony.              
	SECTION 2.  (a)  The change in law made by this Act applies 
only to 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 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 3.  This Act takes effect September 1, 2005.