| 1 | 1 | | 89R8658 MLH-F |
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| 2 | 2 | | By: Paxton S.B. No. 2794 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the criminal offense of interference with child |
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| 10 | 10 | | custody. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Sections 25.03(b) and (d), Penal Code, are |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (b) A [noncustodial] parent commits an offense if, with the |
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| 15 | 15 | | intent to interfere with the lawful custody of a child younger than |
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| 16 | 16 | | 18 years, the [noncustodial] parent knowingly entices or persuades |
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| 17 | 17 | | the child to leave the custody of: |
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| 18 | 18 | | (1) the other [the custodial] parent or a[,] guardian |
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| 19 | 19 | | of the child;[,] or |
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| 20 | 20 | | (2) a person standing in the stead of the [custodial] |
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| 21 | 21 | | parent or guardian of the child described by Subdivision (1). |
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| 22 | 22 | | (d) An offense under Subsection (a) [this section] is a |
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| 23 | 23 | | state jail felony. An offense under Subsection (b) is a Class C |
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| 24 | 24 | | misdemeanor punishable by a fine of $500, except that the offense is |
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| 25 | 25 | | a state jail felony if it is shown on the trial of the offense that |
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| 26 | 26 | | the defendant: |
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| 27 | 27 | | (1) has previously been convicted two or more times of |
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| 28 | 28 | | an offense under that subsection; or |
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| 29 | 29 | | (2) enticed or persuaded the child to leave the state. |
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| 30 | 30 | | SECTION 2. The change in law made by this Act applies only |
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| 31 | 31 | | to an offense committed on or after the effective date of this |
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| 32 | 32 | | Act. An offense committed before the effective date of this Act is |
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| 33 | 33 | | governed by the law in effect on the date the offense was committed, |
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| 34 | 34 | | and the former law is continued in effect for that purpose. For |
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| 35 | 35 | | purposes of this section, an offense was committed before the |
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| 36 | 36 | | effective date of this Act if any element of the offense occurred |
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| 37 | 37 | | before that date. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2025. |
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