| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation and enforcement of a criminal offense |
|
|
relating to interference with child custody and to the prosecution |
|
|
of child custody offenses. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 2, Code of Criminal Procedure, is |
|
|
amended by adding Article 2.274 to read as follows: |
|
|
Art. 2.274. REPORT ON CERTAIN INTERFERENCE WITH CHILD |
|
|
CUSTODY. On receipt of a report of a violation of Section |
|
|
25.03(a-1), Penal Code, a peace officer shall attempt to determine |
|
|
the whereabouts of the child and: |
|
|
(1) if the child's whereabouts are known, locate the |
|
|
child and: |
|
|
(A) return the child to a parent of the child who |
|
|
is listed on the child's birth certificate and whose parental |
|
|
rights have not been terminated; or |
|
|
(B) if the child is the subject of an ongoing |
|
|
investigation by the Department of Family and Protective Services |
|
|
under Chapter 261, Family Code, return the child to or allow the |
|
|
child to remain with the caregiver designated in a parental child |
|
|
safety placement agreement approved by the department under |
|
|
Subchapter L, Chapter 264, of that code; or |
|
|
(2) if the child's whereabouts are unknown, submit a |
|
|
missing child report under Chapter 63. |
|
|
SECTION 2. Section 25.03, Penal Code, is amended by adding |
|
|
Subsections (a-1) and (e) to read as follows: |
|
|
(a-1) A person commits an offense if: |
|
|
(1) the person takes or retains a child younger than 18 |
|
|
years of age; |
|
|
(2) the person: |
|
|
(A) is not a parent of the child who is listed on |
|
|
the child's birth certificate; or |
|
|
(B) is a parent of the child whose parental |
|
|
rights have been terminated; |
|
|
(3) there is no judgment or order of a court disposing |
|
|
of the child's custody; and |
|
|
(4) the person knows that the taking or retaining of |
|
|
the child is without the effective consent of or against the |
|
|
expressed wishes of a parent of the child who is listed on the |
|
|
child's birth certificate and whose parental rights have not been |
|
|
terminated. |
|
|
(e) If conduct constituting an offense under this section |
|
|
also constitutes an offense under another section of this code, the |
|
|
actor may be prosecuted under either section or both sections. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |