HBA-JLV H.B. 1655 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1655
By: Talton
Juvenile Justice & Family Issues
3/4/2001
Introduced



BACKGROUND AND PURPOSE 

Current law provides a civil recourse for a custodial parent in situations
in which a noncustodial parent does not return or impairs the return of a
child from a visitation period.  This provision, however, does not address
a situation in which a custodial parent does not comply with court ordered
possession of or access to the child.  Custodial parents may take advantage
of the lack of enforcement in the possession and access orders rendered in
the family court system and move a child into another geographic region
without notifying the other parent.  House Bill 1655 provides that a person
commits an offense if the person takes or retains a child without
permission of the court and with the intent to deprive another conservator
of the possession of or access to the child.    

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. 

ANALYSIS

House Bill 1655 amends the Penal Code to modify provisions relating to the
prosecution of the offense of interference with child custody.  The bill
provides that a person commits an offense if the person takes or retains a
child younger than 18 years of age when the person has been appointed the
managing or possessory conservator of the child and, without permission of
the court and with the intent to deprive another conservator of the child
of possession of or access to the child, changes the physical residence of
the child without notifying the other conservator of the child's new
address and any other information necessary for possession of or access to
the child.  The bill also provides a defense to prosecution if the managing
conservator, using due diligence and reasonable methods of communication,
attempted to provide the other managing or possessory conservator of the
child with the necessary information. 

EFFECTIVE DATE

September 1, 2001.