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By: Hochberg, Parker, Gallego |
H.B. No. 2662 |
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(Senate Sponsor - Hinojosa) |
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(In the Senate - Received from the House April 26, 2011; |
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April 29, 2011, read first time and referred to Committee on |
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Criminal Justice; May 20, 2011, reported adversely, with favorable |
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Committee Substitute by the following vote: Yeas 7, Nays 0; |
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May 20, 2011, sent to printer.) |
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COMMITTEE SUBSTITUTE FOR H.B. No. 2662 |
By: Ellis |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the criteria for determining whether a child is a |
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missing child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 63.001(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) "Missing child" means a child whose whereabouts |
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are unknown to the child's legal custodian, the circumstances of |
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whose absence indicate that: |
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(A) the child did not voluntarily leave the care |
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and control of the custodian, and the taking of the child was not |
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authorized by law; |
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(B) the child voluntarily left the care and |
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control of the [his legal] custodian without the custodian's |
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consent and without intent to return; [or] |
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(C) the child was taken or retained in violation |
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of the terms of a court order for possession of or access to the |
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child; or |
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(D) the child was taken or retained without the |
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permission of the custodian and with the effect of depriving the |
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custodian of possession of or access to the child unless the taking |
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or retention of the child was prompted by the commission or |
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attempted commission of family violence, as defined by Section |
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71.004, Family Code, against the child or the actor. |
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SECTION 2. The change in law made by this Act in amending |
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Article 63.001(3), Code of Criminal Procedure, applies only to the |
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report of a missing child made under Chapter 63, Code of Criminal |
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Procedure, as amended by this Act, on or after the effective date of |
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this Act. The report of a missing child made before the effective |
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date of this Act is governed by the law in effect when the report was |
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made, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |
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* * * * * |