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 entice or persuade a child under 18 to leave the custody of either the other parent or a guardian. Additionally, the bill clarifies that a person standing in for the custodial parent or guardian can also be included in the definition of lawful custody.
Furthermore, 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 will revert to a state jail felony. The changes 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. The Act is set to take effect 91 days after the end of the legislative session.
Statutes affected: Introduced: Penal Code 25.03 (Penal Code 25)