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A BILL TO BE ENTITLED
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AN ACT
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relating to criminal failure to comply with a child custody order; |
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providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 25, Penal Code, is amended by adding |
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Section 25.032 to read as follows: |
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Sec. 25.032. CRIMINAL NONCOMPLIANCE WITH CHILD CUSTODY |
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ORDER. (a) A person commits an offense if the person: |
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(1) has previously been found in contempt for failure |
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to comply with the express terms of a judgment or order of a court |
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providing for the possession of or access to a child; and |
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(2) within one year of the date of the finding of |
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contempt, fails to comply with those same terms. |
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(b) A person may be convicted under this section on the |
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basis of the uncorroborated testimony of a party to the offense. |
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(c) It is an affirmative defense to prosecution under this |
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section that the defendant violated the court order to protect the |
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defendant or the child from family violence and: |
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(1) the defendant has filed an application for a |
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protective order under Title 4, Family Code; or |
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(2) the defendant or the child is protected by a |
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magistrate's order for emergency protection entered under Article |
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17.292, Code of Criminal Procedure. |
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(d) The filing of criminal charges under this section does |
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not affect the power of a court to enter an order concerning the |
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possession of or access to the child. |
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(e) An offense under this section is a Class C misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2007. |