By Uresti H.B. No. 3112
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of the offense of
1-3 abandoning or endangering a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.041, Penal Code, is amended to read as
1-6 follows:
1-7 Sec. 22.041. ABANDONING OR ENDANGERING CHILD. (a) In this
1-8 section, "abandon" means to leave a child in any place without
1-9 providing reasonable and necessary care for the child, under
1-10 circumstances under which no reasonable, similarly situated adult
1-11 would leave a child of that age and ability.
1-12 (b) A person commits an offense if, having custody, care, or
1-13 control of a child younger than 15 years, he intentionally abandons
1-14 the child in any place under circumstances that expose the child to
1-15 an unreasonable risk of harm.
1-16 (c) A person commits an offense if he intentionally,
1-17 knowingly, recklessly, or with criminal negligence, by act or
1-18 omission, engages in conduct that places a child younger than 15
1-19 years in imminent danger of death, bodily injury, or physical or
1-20 mental impairment.
1-21 (d) A person commits an offense if the person:
2-1 (1) has custody, care, or control of a child younger
2-2 than 15 years of age;
2-3 (2) with criminal negligence while participating in or
2-4 after participating in a court-ordered substance abuse treatment
2-5 program as ordered by a court after being convicted of a felony,
2-6 uses a controlled substance, as defined by Section 481.002, Health
2-7 and Safety Code; and
2-8 (3) endangers the health or safety of the child by
2-9 engaging in the conduct described by Subdivision (2).
2-10 (e) [(d)] Except as provided by Subsection (f) [(e)], an
2-11 offense under Subsection (b) is:
2-12 (1) a state jail felony if the actor abandoned the
2-13 child with intent to return for the child; or
2-14 (2) a felony of the third degree if the actor
2-15 abandoned the child without intent to return for the child.
2-16 (f) [(e)] An offense under Subsection (b) is a felony of the
2-17 second degree if the actor abandons the child under circumstances
2-18 that a reasonable person would believe would place the child in
2-19 imminent danger of death, bodily injury, or physical or mental
2-20 impairment.
2-21 (g) [(f)] An offense under Subsection (c) is a state jail
2-22 felony.
2-23 (h) [(g)] It is a defense to prosecution under Subsection
2-24 (c) that the act or omission enables the child to practice for or
2-25 participate in an organized athletic event and that appropriate
3-1 safety equipment and procedures are employed in the event.
3-2 (i) An offense under Subsection (d) is a felony of the third
3-3 degree, unless the actor endangers the health or safety of the
3-4 child in a manner that places the child in imminent danger of
3-5 death, bodily injury, or physical or mental impairment, in which
3-6 event the offense is a felony of the second degree.
3-7 SECTION 2. (a) The change in law made by this Act applies
3-8 only to an offense committed on or after the effective date of this
3-9 Act. For purposes of this section, an offense is committed before
3-10 the effective date of this Act if any element of the offense occurs
3-11 before the effective date.
3-12 (b) An offense committed before the effective date of this
3-13 Act is covered by the law in effect when the offense was committed,
3-14 and the former law is continued in effect for that purpose.
3-15 SECTION 3. This Act takes effect September 1, 1999.
3-16 SECTION 4. The importance of this legislation and the
3-17 crowded condition of the calendars in both houses create an
3-18 emergency and an imperative public necessity that the
3-19 constitutional rule requiring bills to be read on three several
3-20 days in each house be suspended, and this rule is hereby suspended.