The bill amends the Texas Penal Code regarding the criminal offense of interference with child custody. It specifically modifies Sections 25.03(b) and (d). The term "noncustodial parent" is removed from the language, and the definition of the offense is expanded to include actions taken by any parent or guardian that interfere with the lawful custody of a child under 18 years. The bill clarifies that a parent commits an offense if they entice or persuade a child to leave the custody of either the other parent or a guardian, as well as a person standing in for the custodial parent or guardian.

Additionally, the bill reclassifies the offense under Subsection (b) from a state jail felony to a Class C misdemeanor, punishable by a $500 fine. However, if the defendant has two or more prior convictions for this offense or if the child is enticed to leave the state, the offense is elevated back to a state jail felony. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses occurring before this date will be governed by the previous law.

Statutes affected:
Introduced: Penal Code 25.03 (Penal Code 25)