Texas House Bill HB1223

Texas 2019 - 86th Regular

Caption

Relating to the creation and enforcement of a criminal offense relating to interference with child custody and to the prosecution of child custody offenses.

Impact

The proposed legislation aims to enhance the protection of children in custody disputes by clarifying the definitions of offenses related to child custody interference. It empowers law enforcement officers to actively participate in investigations of reported violations, which could lead to quicker resolutions in custody disputes and potentially deter unlawful actions by non-custodial parents or guardians. This reflects a significant shift towards codifying specific actions as criminal offenses within Texas law, directly impacting how child custody cases are approached both legally and socially.

Summary

House Bill 1223 seeks to establish a criminal offense in the state of Texas related to the interference with child custody. Specifically, the bill proposes amendments to the Penal Code that make it an offense to take or retain a child under 18 years of age under certain circumstances, such as when the individual involved is not a parent listed on the child's birth certificate or when parental rights have been terminated. The bill further stipulates that law enforcement must act upon receiving reports of such offenses to locate the child and ensure their return to the lawful parent or designated guardian.

Sentiment

The sentiment surrounding HB 1223 generally appears to be supportive among family law advocates who see the potential for stronger protections for children against unlawful custody actions. However, discussions could also reveal concerns about the potential for misuse of the law, especially among parents facing accusations of interference. Violent custody situations or accusations may become more contentious as the bill seeks to implement stricter criminal penalties.

Contention

Notable points of contention regarding HB 1223 may arise from differing perspectives on parental rights and the legal interpretation of what constitutes interference in child custody. Some critics may argue that the bill could inadvertently encourage false claims of interference, complicating existing custody arrangements. Others may raise issues regarding the balance of law enforcement involvement in familial disputes, emphasizing the need for careful implementation to avoid overriding the complexities of individual custody situations.