Relating to the criminal offense of interference with child custody.
Summary
SB 2794 amends Texas Penal Code Section 25.03, which governs interference with child custody. The bill narrows and clarifies the offense by specifying that a parent commits the offense when, with intent to interfere with lawful custody of a child under 18, the parent knowingly entices or persuades the child to leave the custody of the other parent, a guardian, or a person standing in the parent’s or guardian’s place. It also retains the existing penalty structure for this conduct, making the offense generally a Class C misdemeanor punishable by a $500 fine, but elevating it to a state jail felony if the defendant has two prior convictions under the subsection or if the child is persuaded to leave the state.
Impact
The bill changes state criminal law by revising the elements and terminology of the child-custody interference offense, replacing references to a “noncustodial” parent and “custodial” parent with broader references to a parent, guardian, or person standing in the stead of a parent or guardian. It applies prospectively only to offenses committed on or after September 1, 2025, leaving prior conduct governed by existing law. The practical effect is to update how prosecutors, courts, and families understand and apply the offense while preserving the current misdemeanor/felony penalty framework.
Sentiment
The available legislative record suggests limited debate and no recorded committee transcript discussion, but the bill advanced through the process and received a committee report to Calendars in the House. The recorded floor votes shown were not affirmative, with 0 yeas and 1 nay on both the suspension of the three-day rule and third reading, indicating at least some procedural resistance or lack of support at that stage. Overall, the bill appears to have been treated as a criminal-law clarification rather than a major policy overhaul.
Contention
The main point of potential contention is the scope and framing of the offense: the bill broadens the language from “noncustodial” and “custodial” parent terminology to a more general parent/guardian formulation, which may raise questions about whether the statute is being clarified or substantively expanded. Another possible issue is the criminalization of parental conduct in custody disputes, especially the escalation to a state jail felony for repeat conduct or for taking a child out of state. No committee transcript is available, so specific objections or supporters are not identified in the record provided.