Texas House Bill HB3587

Texas 2019 - 86th Regular

Caption

Relating to the prosecution of the offense of aggravated kidnapping; creating a criminal offense.

Impact

An essential part of this bill is the affirmative defense outlined in subsection (b-2). It states that an individual can defend themselves against prosecution for child abduction if the abduction was not accompanied by the intent to use deadly force, the actor is a relative of the victim, and their intent was solely to assume lawful control of the child. This provision may lead to significant implications for legal proceedings involving familial disputes over child custody or control, where relatives may be involved in abduction scenarios that are deemed less harmful.

Summary

House Bill 3587 seeks to amend Section 20.04 of the Penal Code to include specific provisions regarding the offense of aggravated kidnapping, particularly concerning the abduction of children under 18 years of age. The bill introduces a new subsection, (b-1), which states that a person commits an offense if they intentionally or knowingly abduct a child. This revision emphasizes the seriousness of child abduction in the context of aggravated kidnapping, highlighting the need for more stringent legal provisions to protect minors.

Contention

While the bill aims to strengthen protections against child abduction, it may also raise concerns about the balance of law enforcement and family rights. Critics could argue that the affirmative defense might be misused by individuals seeking to justify questionable abduction actions under the guise of lawful intent. Therefore, the application of this bill requires careful scrutiny to avoid potential loopholes that might undermine the goal of child safety and legal accountability.