AEZ S.B. 612 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 612
By: Harris (Van de Putte)
5-14-97
Committee Report (Unamended)


BACKGROUND 

Currently, the Texas Penal Code is unclear on the issue of whether
sporting events for children may present a situation which would lead to a
child endangerment charge.  This results in a situation in which a parent
could be charged with this offense for allowing a child under the age of
15 to participate in competitive sports events.  This legislation
clarifies that a child's participation or practice in a sporting event,
under proper standards of safety and supervision, is not intended to
constitute child endangerment. 

PURPOSE

As proposed, S.B. 612 establishes the defense to prosecution for
abandoning or endangering a child. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 22.041, Penal Code, by adding Subsection (g), to
provide that it is a defense to prosecution under Subsection (c),
regarding engaging in conduct that places a child younger than 15 years in
imminent danger of death, injury, or impairment, that the act or omission
enables the child to practice for or participate in an organized athletic
event and that appropriate safety equipment and procedures are employed in
the event.   

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.    

SECTION 3. Emergency clause.