HBA-KMH C.S.H.B. 1043 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1043 By: Talton Criminal Jurisprudence 4/12/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, a person 17 years of age is considered an adult for most criminal purposes, but a person under 18 years of age who is a runaway is considered a child. Additionally, a person commits an offense for harboring a child who is younger than 18 years of age. C.S.H.B. 1043 creates a distinction between a children who escapes from legal custody and a child who leaves home without consent from the child's parent or guardian. This bill provides that the offense of harboring a runaway applies to a child voluntarily absent from the child's home without consent of the child's parent or guardian if the child is younger than 17 years, rather than 18. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 25.06(a), Penal Code, to provide that the offense of harboring a runaway applies to a child voluntarily absent from the child's home without consent of the child's parent or guardian if the child is younger than 17 years, rather than 18. Makes conforming and nonsubstantive changes. SECTION 2. Makes application of this Act prospective. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The original bill state that a person committed an offense for knowing harboring a child under 17. C.S.H.B. 1043 is modified by providing that it is an offense if the child is under 17 only if the child is voluntarily absent from the child's home without parental consent without the intent to return. The previous provisions for which a child had to be under 18 were reinstated. Conforms the name of the state agency described in the section with current law.