Texas Senate Bill SB65

Texas 2025 - 89th 1st C.S.

• Filed: 8/4/25

Caption

Relating to the criminal offense of interference with child custody.

Impact

The impact of SB65 is significant as it restructures the legal repercussions for parental interference cases. By elevating the crime from a Class C misdemeanor to a state jail felony under certain conditions, the bill aims to deter unlawful custody interference, thereby reinforcing the legal authority of custodial parents and guardians. This amendment could result in stricter enforcement and more serious penalties for those who violate custody arrangements, potentially affecting many families navigating custody disputes. Furthermore, the bill delineates clearer legal boundaries which may help reduce ambiguities present in previous laws.

Summary

SB65 aims to amend the existing law on interference with child custody in the Texas Penal Code. The bill specifically addresses the actions of noncustodial parents and defines new parameters for what constitutes interference. It establishes that a noncustodial parent interferes with lawful custody when they entice or persuade a child under 18 years old to leave the custody of the other parent or guardian. The bill adds specificity regarding the conditions under which such interference can escalate from a misdemeanor to a state jail felony, particularly if there are multiple offenses or if the child is taken out of state.

Contention

The notable contention surrounding SB65 lies in the balance between parental rights and the welfare of children. Advocates for tougher penalties on custody interference argue that the bill protects custodial parents and ensures stability for children. However, critics raise concerns about the potential misuse of the law, suggesting it might lead to unjust criminal charges against parents who act in good faith during custody disputes. Overall, the discussion reflects broader societal debates on parental rights, custody arrangements, and the legal system’s role in family matters.

Texas Constitutional Statutes Affected

Penal Code

• Chapter 25. Offenses Against The Family
  • Section: New Section