SRC-JJJ S.B. 559 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 559
76R4998 GWK-DBy: Lucio
Criminal Justice
3/22/1999
As Filed


DIGEST 

Currently, the Texas Penal Code provides that a person who causes to a
child, elderly individual, or disabled individual serious bodily injury,
mental deficiency, or impairment, commits a first degree felony if the
conduct is committed intentionally; or a second degree felony if the
conduct is engaged in recklessly.  S.B. 559 would create a first degree
felony if a person harms a child younger than six years of age. 

PURPOSE

As proposed, S.B. 559 creates a first degree felony offense if a person
recklessly harms a child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.04(e), Penal Code, to require conduct engaged
in recklessly to be a felony of the second degree, unless the victim is a
child younger than six years of age, in which event the offense is a felony
of the first degree. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.