HBA-GUM, KMH H.B. 1428 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1428
By: Staples
Criminal Jurisprudence
7/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, in some cases parents could take a
child and be prosecuted for a third degree felony, Interference with Child
Custody, while a stranger could take a child and be prosecuted only for a
Class B misdemeanor.  Texas law enforcement officers will not extradite
across state lines for a misdemeanor charge nor can misdemeanor charges be
entered on the National Crime Information Center, which makes it virtually
impossible for other states to even know there is a warrant on a subject.
The punishment for a Class B misdemeanor is a relatively small fine and
requires minimal or no jail time. 

H.B. 1428 expands the definition of "restrain" in Chapter 20 of the Penal
Code (Kidnaping and Unlawful Restraint), to include a victim who is a child
at least 14 and under 17 years of age who is willingly outside the state
and outside a 120-mile radius from the victim's residence, and the parent,
guardian, or person or institution acting in loco parentis has not
acquiesced in the movement.  This bill also provides an affirmative defense
if the adult transporting the child is not  more than three years older
than the child, did not restrain the child by force, intimidation, or
deception, and the child being restrained is at least 14 and under 17 years
of age. 

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 20.01(1), Penal Code, to expand the definition
of restraint without consent to include acquiescence of a victim if the
victim is a child who is at least 14 and under 17 years of age, the victim
is taken outside of the state and outside a 120-mile radius from the
victim's residence, and the parent, guardian, or person or institution
acting in loco parentis has not acquiesced in the movement.  Makes
nonsubstantive changes. 

SECTION 2.  Amends Section 20.02, Penal Code, by amending Subsection (c)
and adding Subsection (e), to provide that it is an affirmative defense to
prosecution under this section that the person restrained was a child who
is 14 years of age or older and younger than 17 years of age, the actor
does not restrain the child by force, intimidation, or deception, and the
actor is not more than three years older than the child.  Makes a violation
of this section (Unlawful Restraint) a Class A misdemeanor, rather than a
Class B misdemeanor, unless the person restrained was younger than 17 years
of age, rather than 14, in which event the offense is a state jail felony,
rather than a Class A misdemeanor. Makes conforming changes. 

SECTION 3.  Makes application of this Act prospective.

SECTION 4.  Effective date: September 1, 1999.

SECTION 5.  Emergency clause.