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A BILL TO BE ENTITLED
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AN ACT
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relating to interference with child custody in violation of a |
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temporary child custody order; imposing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.03(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person takes or |
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retains a child younger than 18 years when the person: |
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(1) knows that the person's taking or retention |
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violates the express terms of a judgment or order, including a |
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temporary order, of a court disposing of the child's custody; or |
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(2) has not been awarded custody of the child by a |
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court of competent jurisdiction, knows that a suit for divorce or a |
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civil suit or application for habeas corpus to dispose of the |
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child's custody has been filed, and takes the child out of the |
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geographic area of the counties composing the judicial district if |
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the court is a district court or the county if the court is a |
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statutory county court, without the permission of the court and |
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with the intent to deprive the court of authority over the child. |
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SECTION 2. Section 25.031(a), Penal Code, is amended to |
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read as follows: |
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(a) A person commits an offense if the person agrees, for |
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remuneration or the promise of remuneration, to abduct a child |
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younger than 18 years of age by force, threat of force, |
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misrepresentation, stealth, or unlawful entry, knowing that the |
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child is under the care and control of a person having custody or |
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physical possession of the child under a court order, including a |
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temporary order, or under the care and control of another person who |
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is exercising care and control with the consent of a person having |
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custody or physical possession under a court order, including a |
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temporary order. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense was |
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committed before that date. |
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SECTION 4. This Act takes effect September 1, 2007. |