HBA-KMH C.S.H.B. 1043 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1043
By: Talton
Criminal Jurisprudence
4/12/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a person 17 years of age is considered an adult for most
criminal purposes, but a person under 18 years of age who is a runaway is
considered a child.  Additionally, a person commits an offense for
harboring a child who is younger than 18 years of age.  C.S.H.B. 1043
creates a distinction between a children who escapes from legal custody and
a child who leaves home without consent from the child's parent or
guardian.  This bill provides that the offense of harboring a runaway
applies to a child voluntarily absent from the child's home without consent
of the child's parent or guardian if the child is younger than 17 years,
rather than 18. 

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 Section 25.06(a), Penal Code, to provide that the
offense of harboring a runaway applies to a child voluntarily absent from
the child's home without consent of the child's parent or guardian if the
child is younger than 17 years, rather than 18.  Makes conforming and
nonsubstantive changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill state that a person committed an offense for knowing
harboring a child under 17. C.S.H.B. 1043 is modified by providing that it
is an offense if the child is under 17 only if the child is voluntarily
absent from the child's home without parental consent without the intent to
return.  The previous provisions for which a child had to be under 18 were
reinstated.  Conforms the name of the state agency described in the section
with current law.