By:  Hirschi                                           H.B. No. 725
       73R2161 GWK-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a defense to prosecution of the offense of injury to a
    1-3  child, elderly individual, or invalid individual.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 22.04, Penal Code, is amended by adding
    1-6  Subsection (l) to read as follows:
    1-7        (l)  It is a defense to prosecution for a person charged with
    1-8  an act of omission under this section causing to a child, elderly
    1-9  individual, or invalid individual a condition described by
   1-10  Subsection (a)(1), (2), (3), or (4) of this section that the
   1-11  person:
   1-12              (1)  was a victim of family violence, as that term is
   1-13  defined by Section 71.01, Family Code, committed by a person who is
   1-14  also charged with an offense against the child, elderly individual,
   1-15  or invalid individual under this section or any other section of
   1-16  this title;
   1-17              (2)  did not intentionally cause a condition described
   1-18  by Subsection (a)(1), (2), (3), or (4) of this section; and
   1-19              (3)  did not at the time of the omission believe that
   1-20  the person was capable of making a reasonable effort to perform the
   1-21  person's legal or statutory duty to act.
   1-22        SECTION 2.  This Act takes effect September 1, 1993.
   1-23        SECTION 3.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency   and   an   imperative   public   necessity   that   the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.