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A BILL TO BE ENTITLED
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AN ACT
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relating to missing children; 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. Subdivision (3), Article 63.001, Code of |
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Criminal Procedure, is amended to read as follows: |
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(3) "Missing child" means a child whose whereabouts |
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are unknown to the child's legal custodian, the circumstances of |
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whose absence indicate that: |
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(A) the child did not voluntarily leave the care |
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and control of the custodian, and the taking of the child was not |
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authorized by law; |
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(B) the child voluntarily left the care and |
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control of the [his legal] custodian without the custodian's |
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consent and without intent to return; [or] |
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(C) the child was taken or retained in violation |
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of the terms of a court order for possession of or access to the |
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child; or |
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(D) the child was taken or retained without the |
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permission of the custodian and with the effect of depriving the |
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custodian of possession of or access to the child unless the taking |
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or retention of the child was prompted by the commission or |
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attempted commission of family violence, as defined by Section |
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71.004, Family Code, against the child or the actor. |
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SECTION 2. Section 25.03, Penal Code, is amended by |
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amending Subsection (a) and adding Subsections (c-1) and (c-2) to |
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read 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 of age [when the person]: |
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(1) when the person knows that the person's taking or |
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retention violates the express terms of a judgment or order, |
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including a temporary order, of a court disposing of the child's |
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custody; [or] |
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(2) when the person has not been awarded custody of the |
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child by a court of competent jurisdiction, knows that a suit for |
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divorce or a civil suit or application for habeas corpus to dispose |
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of the child's custody has been filed, and takes the child out of |
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the geographic area of the counties composing the judicial district |
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if 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; or |
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(3) outside the United States with the intent to |
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deprive a person entitled to possession of or access to the child of |
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that possession or access and without the permission of that |
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person. |
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(c-1) It is an affirmative defense to prosecution under |
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Subsection (a)(3) that: |
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(1) the taking or retention of the child was pursuant |
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to a valid order providing for possession of or access to the child; |
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or |
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(2) notwithstanding any violation of a valid order |
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providing for possession of or access to the child, the actor's |
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retention of the child was due only to circumstances beyond the |
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actor's control and the actor promptly provided notice or made |
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reasonable attempts to provide notice of those circumstances to the |
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other person entitled to possession of or access to the child. |
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(c-2) Subsection (a)(3) does not apply if, at the time of |
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the offense, the person taking or retaining the child: |
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(1) was entitled to possession of or access to the |
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child; and |
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(2) was fleeing the commission or attempted commission |
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of family violence, as defined by Section 71.004, Family Code, |
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against the child or the person. |
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SECTION 3. The change in law made by this Act in amending |
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Subdivision (3), Article 63.001, Code of Criminal Procedure, |
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applies only to the report of a missing child made under Chapter 63, |
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Code of Criminal Procedure, as amended by this Act, on or after the |
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effective date of this Act. The report of a missing child made |
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before the effective date of this Act is governed by the law in |
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effect when the report was made, and the former law is continued in |
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effect for that purpose. |
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SECTION 4. The change in law made by this Act in amending |
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Section 25.03, Penal Code, applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect on the date the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |