TX
Texas House Bill HB1223

Texas 2019 - 86th Regular

Texas House Bill HB1223 Compare Versions

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1-86R22429 JSC-D
1+86R5652 JSC-D
22 By: VanDeaver H.B. No. 1223
3- Substitute the following for H.B. No. 1223:
4- By: Murr C.S.H.B. No. 1223
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to the creation and enforcement of a criminal offense
10- relating to interference with child custody and to the prosecution
11- of child custody offenses.
7+ relating to the creation of a criminal offense relating to
8+ interference with child custody and to the prosecution and
9+ enforcement of child custody offenses.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Chapter 2, Code of Criminal Procedure, is
1412 amended by adding Article 2.274 to read as follows:
15- Art. 2.274. REPORT ON CERTAIN INTERFERENCE WITH CHILD
16- CUSTODY. On receipt of a report of a violation of Section
17- 25.03(a-1), Penal Code, a peace officer shall attempt to determine
18- the whereabouts of the child and:
19- (1) if the child's whereabouts are known, locate the
13+ Art. 2.274. INTERFERENCE WITH CHILD CUSTODY REPORT. On
14+ receipt of a report of a violation of Section 25.03, Penal Code, a
15+ peace officer shall attempt to determine the whereabouts of the
2016 child and:
21- (A) return the child to a parent of the child who
22- is listed on the child's birth certificate and whose parental
23- rights have not been terminated; or
24- (B) if the child is the subject of an ongoing
25- investigation by the Department of Family and Protective Services
26- under Chapter 261, Family Code, return the child to or allow the
27- child to remain with the caregiver designated in a parental child
28- safety placement agreement approved by the department under
29- Subchapter L, Chapter 264, of that code; or
17+ (1) if the child's whereabouts are known, locate and
18+ return the child:
19+ (A) to the person entitled to the custody or
20+ possession of the child according to the terms of a judgment or
21+ order of a court disposing of the child's custody; or
22+ (B) if there is no judgment or court order
23+ described by Paragraph (A), to a parent listed on the child's birth
24+ certificate; or
3025 (2) if the child's whereabouts are unknown, submit a
3126 missing child report under Chapter 63.
3227 SECTION 2. Section 25.03, Penal Code, is amended by adding
3328 Subsections (a-1) and (e) to read as follows:
3429 (a-1) A person commits an offense if:
3530 (1) the person takes or retains a child younger than 18
3631 years of age;
37- (2) the person:
38- (A) is not a parent of the child who is listed on
39- the child's birth certificate; or
40- (B) is a parent of the child whose parental
41- rights have been terminated;
42- (3) there is no judgment or order of a court disposing
32+ (2) there is no judgment or order of a court disposing
4333 of the child's custody; and
44- (4) the person knows that the taking or retaining of
34+ (3) the person knows that the taking or retaining of
4535 the child is without the effective consent of or against the
46- expressed wishes of a parent of the child who is listed on the
47- child's birth certificate and whose parental rights have not been
48- terminated.
36+ expressed wishes of a parent who is listed on the child's birth
37+ certificate and whose parental rights have not been terminated.
4938 (e) If conduct constituting an offense under this section
5039 also constitutes an offense under another section of this code, the
5140 actor may be prosecuted under either section or both sections.
5241 SECTION 3. This Act takes effect September 1, 2019.