By Jones of Dallas, Davis of Harris, H.B. No. 2222
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of injury to a child,
1-3 elderly individual, or disabled individual.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.04(c)(2), Penal Code, is amended to
1-6 read as follows:
1-7 (2) "Elderly individual" means a person 60 [65] years
1-8 of age or older.
1-9 SECTION 2. Sections 22.04(d), (f), and (g), Penal Code, are
1-10 amended to read as follows:
1-11 (d) The actor, including an employee of a nursing facility
1-12 licensed under Chapter 242, Health and Safety Code, an assisted
1-13 living facility licensed under Chapter 247, Health and Safety Code,
1-14 and an intermediate care facility for the mentally retarded
1-15 licensed under Chapter 252, Health and Safety Code, has assumed
1-16 care, custody, or control if he has by act, words, or course of
1-17 conduct acted so as to cause a reasonable person to conclude that
1-18 he has accepted responsibility for protection, food, shelter, and
1-19 medical care for a child, elderly individual, or disabled
1-20 individual.
1-21 (f) An offense under Subsection (a)(3) is a felony of the
1-22 second [third] degree when the conduct is committed intentionally
1-23 or knowingly. When the conduct is engaged in recklessly it shall
1-24 be a [state jail] felony of the third degree.
1-25 (g) An offense under Subsection (a) when the person acts
2-1 with criminal negligence shall be a [state jail] felony of the
2-2 third degree.
2-3 SECTION 3. (a) The change in law made by this Act applies
2-4 only to an offense committed on or after the effective date of this
2-5 Act. For purposes of this section, an offense is committed before
2-6 the effective date of this Act if any element of the offense occurs
2-7 before the effective date.
2-8 (b) An offense committed before the effective date of this
2-9 Act is covered by the law in effect when the offense was committed,
2-10 and the former law is continued in effect for that purpose.
2-11 SECTION 4. This Act takes effect September 1, 2001.