Texas House Bill HB3439

Texas 2011 - 82nd Regular

• Introduced: 3/11/11
• Out of House Committee: 5/4/11
• Voted on by House: 5/15/11
• Refer: 3/18/11
• Out of Senate Committee: 5/21/11
• Report Pass: 4/20/11
• Voted on by Senate: 5/24/11
• Engrossed: 5/15/11
• Governor Action: 6/17/11
• Refer: 5/16/11
• Report Pass: 5/21/11
• Enrolled: 5/25/11
• Passed: 6/17/11

Caption

Relating to missing children; providing a criminal penalty.

Impact

By redefining what constitutes a missing child, HB3439 aims to streamline the process for reporting and responding to such cases. The bill introduces new guidelines for custodial rights, emphasizing the non-consensual taking or retention of children as a serious offense. These changes are expected to provide law enforcement with clearer authority and protocols when addressing situations involving missing children, thereby enhancing the protective measures for children at risk.

Summary

House Bill 3439 aims to revise the definition and handling of missing children cases within Texas law. It amends Article 63.001 of the Code of Criminal Procedure to establish a clearer definition of a 'missing child', detailing circumstances under which a child is considered missing. The bill intends to ensure that legal custodians have a defined understanding of their rights and responsibilities in managing custody issues that may lead to a child being reported as missing.

Conclusion

Overall, HB3439 is positioned as an important legislative step towards enhancing child protection laws in Texas, particularly in the context of custody disputes that may lead to a child's disappearance. As the bill progresses, its implications for custodial rights, law enforcement protocols, and addressing family violence will be key areas of focus and debate among legislators and stakeholders.

Contention

One notable aspect of HB3439 is the emphasis on family violence situations, whereby the bill carves out specific defenses for individuals involved in custody disputes where violence is present. The addition of affirmative defenses in cases of child retention signals an awareness of the complex dynamics often at play in custody and family situations. However, this provision may raise concerns among some lawmakers and advocates about potentially misusing the law as a shield against accountability in custody matters.