The bill amends the Texas Penal Code regarding the criminal offense of interference with child custody. It removes the term "noncustodial" parent from the definition of the offense, allowing any parent to be charged if they intentionally interfere with the lawful custody of a child under 18 years. The bill specifies that a parent commits an offense if they knowingly entice or persuade 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 in law will only apply to offenses committed on or after the effective date of the Act, 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)