Bill Text: TX SB2011 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the criminal offense of interference with child custody and a peace officer's duties with respect to that offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-05-23 - Failed to receive affirmative vote in comm. [SB2011 Detail]
Download: Texas-2021-SB2011-Engrossed.html
By: Menéndez | S.B. No. 2011 |
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relating to the criminal offense of interference with child custody | ||
and a peace officer's duties with respect to that offense. | ||
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. INTERFERENCE WITH CHILD CUSTODY REPORT. (a) On | ||
receiving a report of a violation of Section 25.03, Penal Code, a | ||
peace officer shall attempt to determine the whereabouts of the | ||
child and: | ||
(1) if the child's whereabouts are known, make contact | ||
with the alleged offender and locate and return the child to the | ||
person entitled to possession of or access to the child; or | ||
(2) if the child's whereabouts are unknown, submit a | ||
missing child report under Chapter 63. | ||
(b) A peace officer shall make a written report regarding an | ||
incident under this article that includes: | ||
(1) the date, time, and location of the alleged | ||
offense; | ||
(2) the names of the alleged offender, the | ||
complainant, and each child who is the subject of the offense; | ||
(3) whether a court order disposing of the child's | ||
custody has been rendered; | ||
(4) if applicable, the name of each party and each | ||
child subject to the court order described by Subdivision (3); and | ||
(5) if applicable, whether the court order described | ||
by Subdivision (3) has been filed with local law enforcement. | ||
SECTION 2. Section 25.03, Penal Code, is amended by | ||
amending Subsection (c) and adding Subsections (c-3) and (c-4) to | ||
read as follows: | ||
(c) It is a defense to prosecution under Subsection (a)(2) | ||
that the actor returned the child to the geographic area of the | ||
counties composing the judicial district if the court is a district | ||
court or the county if the court is a statutory county court, within | ||
one day [ |
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offense. | ||
(c-3) It is an affirmative defense to prosecution under | ||
Subsection (a)(1) that: | ||
(1) the actor's retention of the child was due to | ||
circumstances beyond the actor's control; | ||
(2) the actor promptly provided notice or made other | ||
reasonable attempts to provide notice of the circumstances | ||
described by Subdivision (1) to the other person entitled to | ||
possession of or access to the child; | ||
(3) the child was returned immediately to the other | ||
person entitled to possession of or access to the child when the | ||
circumstances described by Subdivision (1) no longer applied; and | ||
(4) the circumstances described by Subdivision (1) are | ||
not foreseeable and regularly recurring. | ||
(c-4) For purposes of Subsection (c-3)(4), it is presumed | ||
that the circumstances described by Subsection (c-3)(1) are | ||
foreseeable and regularly occurring if those circumstances have | ||
prevented the timely return of the child on three or more occasions | ||
in the 12-month period preceding the offense. | ||
SECTION 3. Section 25.03(b), Penal Code, is repealed. | ||
SECTION 4. (a) Article 2.274, Code of Criminal Procedure, | ||
as added by this Act, applies only to a report of a violation of | ||
Section 25.03, Penal Code, received by a peace officer on or after | ||
the effective date of this Act. | ||
(b) The changes in law made by this Act to Section 25.03, | ||
Penal Code, apply 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 subsection, an | ||
offense was committed before the effective date of this Act if any | ||
element of the offense was committed before that date. | ||
SECTION 5. This Act takes effect September 1, 2021. |