Bill Text: TX HB1223 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation and enforcement of a criminal offense relating to interference with child custody and to the prosecution of child custody offenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-26 - Committee report sent to Calendars [HB1223 Detail]
Download: Texas-2019-HB1223-Comm_Sub.html
86R22429 JSC-D | |||
By: VanDeaver | H.B. No. 1223 | ||
Substitute the following for H.B. No. 1223: | |||
By: Murr | C.S.H.B. No. 1223 |
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relating to the creation and enforcement of a criminal offense | ||
relating to interference with child custody and to the prosecution | ||
of child custody offenses. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.274 to read as follows: | ||
Art. 2.274. REPORT ON CERTAIN INTERFERENCE WITH CHILD | ||
CUSTODY. On receipt of a report of a violation of Section | ||
25.03(a-1), Penal Code, a peace officer shall attempt to determine | ||
the whereabouts of the child and: | ||
(1) if the child's whereabouts are known, locate the | ||
child and: | ||
(A) return the child to a parent of the child who | ||
is listed on the child's birth certificate and whose parental | ||
rights have not been terminated; or | ||
(B) if the child is the subject of an ongoing | ||
investigation by the Department of Family and Protective Services | ||
under Chapter 261, Family Code, return the child to or allow the | ||
child to remain with the caregiver designated in a parental child | ||
safety placement agreement approved by the department under | ||
Subchapter L, Chapter 264, of that code; or | ||
(2) if the child's whereabouts are unknown, submit a | ||
missing child report under Chapter 63. | ||
SECTION 2. Section 25.03, Penal Code, is amended by adding | ||
Subsections (a-1) and (e) to read as follows: | ||
(a-1) A person commits an offense if: | ||
(1) the person takes or retains a child younger than 18 | ||
years of age; | ||
(2) the person: | ||
(A) is not a parent of the child who is listed on | ||
the child's birth certificate; or | ||
(B) is a parent of the child whose parental | ||
rights have been terminated; | ||
(3) there is no judgment or order of a court disposing | ||
of the child's custody; and | ||
(4) the person knows that the taking or retaining of | ||
the child is without the effective consent of or against the | ||
expressed wishes of a parent of the child who is listed on the | ||
child's birth certificate and whose parental rights have not been | ||
terminated. | ||
(e) If conduct constituting an offense under this section | ||
also constitutes an offense under another section of this code, the | ||
actor may be prosecuted under either section or both sections. | ||
SECTION 3. This Act takes effect September 1, 2019. |