S.B. No. 2794 amends the Penal Code regarding the criminal offense of interference with child custody. The bill modifies Sections 25.03(b) and (d) by removing the term "noncustodial" parent and clarifying that a parent commits an offense if they intend to interfere with the lawful custody of a child under 18 years by enticing or persuading the child to leave the custody of either the other parent or guardian, or a person standing in for the custodial parent or guardian. Additionally, the bill establishes that an offense under Subsection (b) is classified as a Class C misdemeanor, punishable by a $500 fine, unless the defendant has prior convictions or entices the child to leave the state, in which case it escalates to a state jail felony.

The changes in the law will only apply 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, ensuring that any elements of the offense that took place prior to the effective date are treated under the former legal framework.

Statutes affected:
Introduced: Penal Code 25.03 (Penal Code 25)
Senate Committee Report: Penal Code 25.03 (Penal Code 25)
Engrossed: Penal Code 25.03 (Penal Code 25)
House Committee Report: Penal Code 25.03 (Penal Code 25)