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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting certain actions regarding the rehoming of |
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an adopted child; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 162, Family Code, is |
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amended by adding Section 162.026 to read as follows: |
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Sec. 162.026. UNAUTHORIZED REHOMING OF ADOPTED CHILD; |
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OFFENSE. (a) In this section, "rehome" means the placement of an |
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adopted child in the permanent physical custody of a person who is |
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not the child's relative without prior court approval or the |
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termination of the parent-child relationship. |
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(b) Except as otherwise provided by this section, a person |
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commits an offense if the person knowingly: |
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(1) rehomes an adopted child; or |
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(2) facilitates or participates in the rehoming of an |
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adopted child, including by transferring, recruiting, harboring, |
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transporting, providing, soliciting, or obtaining an adopted child |
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for that purpose. |
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(c) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the actor commits the offense with intent to commit an offense under |
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Section 20A.02, 43.02, 43.05, or 43.25, Penal Code. |
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(d) This section does not apply to: |
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(1) the placement of an adopted child with a |
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stepparent, a licensed child-placing agency, or the Department of |
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Family and Protective Services; |
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(2) the placement of an adopted child by a licensed |
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child-placing agency or the Department of Family and Protective |
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Services; |
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(3) the temporary placement of an adopted child by the |
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child's parent, managing conservator, or guardian for a designated |
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short-term period with a specified intent and period for return of |
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the child due to temporary circumstances, including: |
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(A) a vacation; |
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(B) a school-sponsored function or activity; or |
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(C) the incarceration, military service, medical |
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treatment, or incapacity of the parent, managing conservator, or |
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guardian; |
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(4) the placement of an adopted child in another state |
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in accordance with the requirements of Subchapter B; or |
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(5) the voluntary delivery of an adopted child under |
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Subchapter D, Chapter 262. |
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(e) The Department of Family and Protective Services shall |
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collaborate with local law enforcement to monitor and gather |
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information on investigations and prosecutions under this section. |
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SECTION 2. Section 25.09(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person advertises in |
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the public media that the person will: |
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(1) place a child for adoption; |
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(2) [or will] provide or obtain a child for adoption; |
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or |
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(3) rehome an adopted child. |
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SECTION 3. Section 25.09(d), Penal Code, is amended by |
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adding Subdivision (3) to read as follows: |
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(3) "Rehome" has the meaning assigned by Section |
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162.026, Family Code. |
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SECTION 4. The change in law made by this Act to Section |
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25.09, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense was committed before that date. |
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SECTION 5. This Act takes effect September 1, 2017. |