HBA-SEB S.B. 580 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 580
By: Harris
Juvenile Justice and Family Issues
4/20/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Penal Code may be unclear in prescribing penalties for
interference with a child possession order.  S.B. 580 modifies the language
involving a violation of a possession order and establishes the penalty for
violation of a possession order as a misdemeanor punishable by $50 at most,
unless the defendant is a repeat offender. 

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 Sections 25.03(a) and (b), Penal Code, as follows:

(a)  Provides that a person commits an offense if the person takes or
retains a child younger than 18 years when the person knows that the taking
or retention violates the express terms of a judgment or court order that
provides for the possession of or access to a child, rather than disposes
of the child's custody.  Makes conforming and nonsubstantive changes. 

(b)  Provides that a person commits an offense if , with the intent to
interfere with the express terms of a judgment or order of a court that
provides for the possession of or access to a child, the person knowingly
entices or persuades the child to leave the care, custody, or control of a
person who has been appointed managing conservator of the child and who
designates the primary residence of the child or the guardian of the child.
Establishes that a person to whom this subsection applies is one who has
been appointed possessory conservator or joint managing conservator of a
child younger than 18 years of age and is not the person with whom the
child primarily resides.  Makes conforming and nonsubstantive changes. 

SECTION 2.  Amends Chapter 25, Penal Code, by adding Section 25.032, as
follows: 

Sec. 25.032.  VIOLATION OF COURT ORDER REGARDING PARENT-CHILD RELATIONSHIP.
(a)  Provides that a person commits an offense if the person intentionally
or knowingly interferes with the possession of or access to a child who has
been appointed possessory conservator of the child and with whom the child
does not primarily reside and knows that the interference violates a
judgment or court order.  Establishes that this subsection applies to a
person who has been appointed managing conservator of a child and is the
person with whom the child primarily resides.   

(b)  Establishes that such an offense is a misdemeanor punishable by a fine
not to exceed $50, except as provided by Subsection (c). 

(c)  Requires a defendant to be punished for a Class C misdemeanor if it is
shown that the defendant has previously been convicted of two offenses
under this section and the second previous conviction is for an offense
that occurred subsequent to the entry of judgment for the first previous
conviction.  Provides that Section 12.03(c) (Classification of
Misdemeanors) does not prohibit the use of enhancement purposes of a prior
conviction of an offense under this section. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Emergency clause.