| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a criminal offense relating to |
|
|
interference with child custody and to the prosecution and |
|
|
enforcement 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. INTERFERENCE WITH CHILD CUSTODY REPORT. On |
|
|
receipt of a report of a violation of Section 25.03, Penal Code, a |
|
|
peace officer shall attempt to determine the whereabouts of the |
|
|
child and: |
|
|
(1) if the child's whereabouts are known, locate and |
|
|
return the child: |
|
|
(A) to the person entitled to the custody or |
|
|
possession of the child according to the terms of a judgment or |
|
|
order of a court disposing of the child's custody; or |
|
|
(B) if there is no judgment or court order |
|
|
described by Paragraph (A), to a parent listed on the child's birth |
|
|
certificate; 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) there is no judgment or order of a court disposing |
|
|
of the child's custody; and |
|
|
(3) 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 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. |