| |
| |
| |
|
|
AN ACT
|
|
|
relating to the criteria for determining whether a child is a |
|
|
missing child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article 63.001(3), Code of Criminal Procedure, |
|
|
is amended to read as follows: |
|
|
(3) "Missing child" means a child whose whereabouts |
|
|
are unknown to the child's legal custodian, the circumstances of |
|
|
whose absence indicate that: |
|
|
(A) the child did not voluntarily leave the care |
|
|
and control of the custodian, and the taking of the child was not |
|
|
authorized by law; |
|
|
(B) the child voluntarily left the care and |
|
|
control of the [his legal] custodian without the custodian's |
|
|
consent and without intent to return; [or] |
|
|
(C) the child was taken or retained in violation |
|
|
of the terms of a court order for possession of or access to the |
|
|
child; or |
|
|
(D) the child was taken or retained without the |
|
|
permission of the custodian and with the effect of depriving the |
|
|
custodian of possession of or access to the child unless the taking |
|
|
or retention of the child was prompted by the commission or |
|
|
attempted commission of family violence, as defined by Section |
|
|
71.004, Family Code, against the child or the actor. |
|
|
SECTION 2. The change in law made by this Act in amending |
|
|
Article 63.001(3), Code of Criminal Procedure, applies only to the |
|
|
report of a missing child made under Chapter 63, Code of Criminal |
|
|
Procedure, as amended by this Act, on or after the effective date of |
|
|
this Act. The report of a missing child made before the effective |
|
|
date of this Act is governed by the law in effect when the report was |
|
|
made, and the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 2662 was passed by the House on April |
|
|
21, 2011, by the following vote: Yeas 148, Nays 0, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 2662 on May 27, 2011, by the following vote: Yeas 142, Nays 0, |
|
|
2 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 2662 was passed by the Senate, with |
|
|
amendments, on May 25, 2011, by the following vote: Yeas 31, Nays |
|
|
|
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |