S.B. No. 2794 amends the Texas 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" from the definition of the offense, thereby broadening the scope of who can be charged. It specifies 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 reclassifies the offense under Subsection (b) from a state jail felony to a Class C misdemeanor, punishable by a $500 fine. However, it stipulates that the offense can revert to a state jail felony if the defendant has two or more prior convictions for the same offense or if the child is enticed to leave the state. The changes will take effect on September 1, 2025, and will only apply to offenses committed on or after that date, with prior offenses governed by the law in effect at the time they were committed.

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)