89R8658 MLH-F
By: Paxton S.B. No. 2794
A BILL TO BE ENTITLED
AN ACT
relating to the criminal offense of interference with child
custody.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.03(b) and (d), Penal Code, are
amended to read as follows:
(b) A [noncustodial] parent commits an offense if, with the
intent to interfere with the lawful custody of a child younger than
18 years, the [noncustodial] parent knowingly entices or persuades
the child to leave the custody of:
(1) the other [the custodial] parent or a[,] guardian
of the child;[,] or
(2) a person standing in the stead of the [custodial]
parent or guardian of the child described by Subdivision (1).
(d) An offense under Subsection (a) [this section] is a
state jail felony. An offense under Subsection (b) is a Class C
misdemeanor punishable by a fine of $500, except that the offense is
a state jail felony if it is shown on the trial of the offense that
the defendant:
(1) has previously been convicted two or more times of
an offense under that subsection; or
(2) enticed or persuaded the child to leave the state.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2025.