By Moncrief S.B. No. 144 74R1570 PEP-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the punishment for certain offenses committed in the 1-3 presence of a child. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended 1-6 by adding Section 12.48 to read as follows: 1-7 Sec. 12.48. OFFENSE COMMITTED IN PRESENCE OF CHILD. The 1-8 punishment for an offense under Title 5, other than an offense 1-9 punishable as a capital felony or a first degree felony, is 1-10 increased to the punishment prescribed for the next highest 1-11 category of offense if it is shown on the trial of the offense 1-12 that: 1-13 (1) the offense involved family violence, as defined 1-14 by Section 71.01, Family Code; 1-15 (2) the defendant committed the offense in the 1-16 presence of a child younger than 17 years of age and was reckless 1-17 as to the presence of the child; and 1-18 (3) the child, had the child reached the age of 1-19 criminal responsibility, would not have been criminally responsible 1-20 as a party to the offense. 1-21 SECTION 2. (a) The change in law made by this Act applies 1-22 only to an offense committed on or after the effective date of this 1-23 Act. For purposes of this section, an offense is committed before 1-24 the effective date of this Act if any element of the offense occurs 2-1 before that date. 2-2 (b) An offense committed before the effective date of this 2-3 Act is covered by the law in effect when the offense was committed, 2-4 and the former law is continued in effect for that purpose. 2-5 SECTION 3. This Act takes effect September 1, 1995. 2-6 SECTION 4. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended.