By Davis of Harris H.B. No. 3582
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 criminal penalties for injury to a child, elderly
1-3 individual, or disabled person.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 22.04, Penal Code, is amended by amending
1-6 subsections (d), (f) and (g), to read as follows:
1-7 (d) The actor has assumed care, custody, or control if he
1-8 has by act, words, or course of conduct acted so as to cause a
1-9 reasonable person to conclude that he has accepted responsibility
1-10 for protection, food, shelter, and medical care for a child,
1-11 elderly individual, or disabled individual. This subsection
1-12 includes, but is not limited to an actor who is an employee of a
1-13 nursing facility licensed under Chapter 242, Health and Safety
1-14 Code, an assisted living facility licensed under Chapter 247,
1-15 Health and Safety Code, or an intermediate care facility for the
1-16 mentally retarded licensed under Chapter 252, Health and Safety
1-17 Code.
1-18 (f) An offense under Subsection (a)(3) is a felony of the
1-19 second [third] degree when the conduct is committed intentionally
1-20 or knowingly. When the conduct is engaged in recklessly it shall
1-21 be a felony of the third degree [state jail felony].
1-22 (g) An offense under Subsection (a) when the person acts
1-23 with criminal negligence shall be a felony of the third degree
2-1 [state jail felony].
2-2 SECTION 2. This Act shall be effective January 1,