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A BILL TO BE ENTITLED
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AN ACT
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relating to the recording of proceedings and the issuance of a |
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warrant to take physical custody of a child in certain suits |
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affecting the parent-child relationship; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 152.105, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A record of all of the proceedings under this chapter |
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relating to a child custody determination made in a foreign country |
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or to the enforcement of an order for the return of the child made |
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under the Hague Convention on the Civil Aspects of International |
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Child Abduction shall be made by a court reporter or as provided by |
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Section 201.009. |
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SECTION 2. Section 152.311(c), Family Code, is amended to |
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read as follows: |
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(c) A warrant to take physical custody of a child must: |
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(1) recite the facts upon which a conclusion of |
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imminent serious physical harm or removal from the jurisdiction is |
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based; |
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(2) direct law enforcement officers to take physical |
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custody of the child immediately; [and] |
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(3) provide for the delivery [placement] of the child |
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to the Department of Family and Protective Services in the manner |
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provided for the delivery of a missing child by Section 262.007(c) |
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pending the hearing on the petition; and |
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(4) state the date for the hearing on the petition |
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[final relief]. |
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SECTION 3. Subchapter I, Chapter 153, Family Code, is |
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amended by adding Section 153.504 to read as follows: |
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Sec. 153.504. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. |
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(a) If in a suit described by Section 153.501(a) the court, on the |
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testimony of the petitioner or another witness, finds that the |
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child is imminently likely to suffer serious physical harm or be |
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removed from this state, the court may issue a warrant to take |
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physical custody of the child. |
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(b) A warrant to take physical custody of a child must: |
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(1) recite the facts on which a conclusion of imminent |
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likelihood of serious physical harm or removal from the |
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jurisdiction is based; |
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(2) direct law enforcement officers to immediately |
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take physical custody of the child; |
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(3) provide for the delivery of the child to the |
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Department of Family and Protective Services in the manner provided |
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for the delivery of a missing child by Section 262.007(c) pending a |
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hearing by the court; and |
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(4) state the date for the hearing, which must be as |
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early as possible. |
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(c) The respondent shall be served with the warrant |
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immediately after the child is taken into physical custody. |
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(d) A warrant to take physical custody of a child is |
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enforceable throughout this state. If the court finds on the basis |
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of the testimony of the petitioner or another witness that a less |
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intrusive remedy is not effective, the court may authorize law |
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enforcement officers to enter private property to take physical |
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custody of the child. If required by exigent circumstances of the |
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case, the court may authorize law enforcement officers to make a |
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forcible entry at any hour. |
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(e) The court may impose conditions on placement of a child |
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to ensure the appearance of the child and the child's custodian. |
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SECTION 4. Chapter 37, Penal Code, is amended by adding |
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Section 37.14 to read as follows: |
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Sec. 37.14. FALSE STATEMENT REGARDING CHILD CUSTODY |
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DETERMINATION. (a) For purposes of this section, "child custody |
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determination" has the meaning assigned by Section 152.102, Family |
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Code. |
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(b) A person commits an offense if the person knowingly |
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makes or causes to be made a false statement relating to a child |
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custody determination during a hearing held under Chapter 152 or |
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153, Family Code. |
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(c) An offense under this section is a felony of the third |
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degree. |
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SECTION 5. This Act takes effect September 1, 2011. |