86R5652 JSC-D
By: VanDeaver H.B. No. 1223
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.