Texas Senate Bill SB2011

Texas 2021 - 87th Regular

Caption

Relating to the criminal offense of interference with child custody and a peace officer's duties with respect to that offense.

Impact

The bill alters the Penal Code, particularly regarding Section 25.03, which deals with child custody interference. It introduces an affirmative defense for individuals accused of retaining a child due to emergencies or unforeseen circumstances, provided they follow certain notice and return protocols. This change aims to address real-life scenarios that may lead to confusion or conflict regarding child custody without penalizing well-meaning guardians facing extraordinary situations.

Summary

SB2011 pertains to the criminal offense of interference with child custody and the responsibilities of peace officers in handling such incidents. The bill amends existing laws to clarify the circumstances under which a person can be prosecuted for this offense and introduces specific procedures for peace officers when they receive reports of violations. It emphasizes the importance of assessing the child's whereabouts and returning the child to the rightful guardian while stipulating detailed protocols for documentation.

Sentiment

Discussion surrounding SB2011 appears to be mixed. Supporters advocate for the provision that facilitates proper law enforcement response to custody disputes and acknowledges the complexities caregivers may face. However, some critics voice concerns that the new defenses could be exploited, potentially leading to child endangerment or custody disputes that go unchecked.

Contention

Key points of contention include the balance between protecting parental rights and ensuring children's safety. Detractors worry that the affirmative defense could be misused by non-custodial parents or guardians, complicating the enforcement of existing custody agreements. Moreover, concerns were raised about how law enforcement might navigate the amended procedures in high-stress situations involving children, potentially impacting the effectiveness of their responses.