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By: Whitmire S.B. No. 20
A BILL TO BE ENTITLED
AN ACT
relating to creating offenses for abandoning or endangering an
elderly individual or disabled individual and for failing to
provide certain care for a child, elderly individual, or disabled
individual.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.041, Penal Code, is amended to read as
follows:
Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY
INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
(1) "Abandon"[, "abandon"] means to leave a child,
elderly individual, or disabled individual in any place without
providing reasonable and necessary care for the child, elderly
individual, or disabled individual under circumstances under which
no reasonable, similarly situated adult would leave an individual
or [a] child of that age and ability.
(2) "Elderly individual" and "disabled individual"
have the meanings assigned by Section 22.04(c).
(b) A person commits an offense if, having custody, care, or
control of a child younger than 15 years, an elderly individual, or
a disabled individual, the person [he] intentionally abandons the
child, elderly individual, or disabled individual in any place
under circumstances that expose the child, elderly individual, or
disabled individual to an unreasonable risk of harm.
(c) A person commits an offense if the person [he]
intentionally, knowingly, recklessly[, or with criminal
negligence], by act or omission, engages in conduct that places a
child younger than 15 years, an elderly individual, or a disabled
individual in imminent danger of death, bodily injury, or physical
or mental impairment.
(c-1) A person commits an offense if, having custody, care,
or control of a child younger than 15 years, an elderly individual,
or a disabled individual, the person intentionally or knowingly
fails to provide food, medical care, or shelter for the child,
elderly individual, or disabled individual at a facility licensed
by the state, and as a direct consequence thereof, causes:
(1) serious bodily injury or death; or
(2) serious mental deficiency, impairment, or injury.
(d) Except as provided by Subsection (e), an offense under
Subsection (b) is:
(1) a state jail felony if the actor abandoned the
child, elderly individual, or disabled individual with intent to
return for the child, elderly individual, or disabled individual;
or
(2) a felony of the third degree if the actor abandoned
the child, elderly individual, or disabled individual without
intent to return for the child, elderly individual, or disabled
individual.
(e) An offense under Subsection (b) is a felony of the
second degree if the actor abandons the child, elderly individual,
or disabled individual under circumstances that a reasonable person
would believe would place the child, elderly individual, or
disabled individual in imminent danger of death, bodily injury, or
physical or mental impairment.
(f) An offense under Subsection (c) is a state jail felony.
(f-1) An offense under Subsection (c-1) is a felony of the
second degree.
(g) It is a defense to prosecution under Subsection (c) 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.
(h) It is an exception to the application of Subsection (b)
[this section] that the actor voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302,
Family Code.
(i) It is a defense to prosecution under Subsection (c) or
(c-1) that the actor voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302,
Family Code.
(j) It is a defense to prosecution under Subsection (c-1)
that the person is a licensed health care facility or a licensed
health care professional providing medical treatment at, or is an
employee of, a health care facility and that the person's conduct is
the result of:
(1) a decision made under Subchapter B, Chapter 166,
Health and Safety Code, to withhold or withdraw life-sustaining
treatment from a qualified terminal or irreversible patient;
(2) a power of attorney executed in compliance with
Subchapter D, Chapter 166, Health and Safety Code, or under Chapter
XII, Probate Code;
(3) consent to medical treatment of a minor in
compliance with Chapter 32, Family Code;
(4) consent for emergency care received in compliance
with Chapter 773, Health and Safety Code;
(5) a hospital patient transfer made in compliance
with Chapter 773, Health and Safety Code;
(6) a decision made by a patient's legal guardian who
has the authority to make a decision regarding the patient's
medical treatment;
(7) a reasonable decision consistent with:
(A) a physician's orders, care, treatment, or
individual service plan with respect to the child, elderly
individual, or disabled individual;
(B) the diagnosis or medical condition of the
child, elderly individual, or disabled individual;
(C) the scope and nature of a health care
provider's license or certification; or
(D) an individual contract for services with the
health care provider, entered into by the child, elderly
individual, or disabled individual or a legal guardian with
authority to make health care decisions for the child, elderly
individual, or disabled individual; or
(8) a decision to discharge a child, elderly
individual, or disabled individual from a licensed health care
facility based on the absence of a legal or contractual obligation
on the part of the provider to provide such care or treatment.
(k) It is an affirmative defense to prosecution under
Subsection (c-1) for a failure to provide medical care that the
actor's conduct was based on treatment in accordance with the
tenets and practices of a recognized religious method of healing
that has a generally accepted record of efficacy.
SECTION 2. (a) This Act takes effect November 1, 2003.
(b) The changes in law made by this Act apply only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is covered
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
subsection, an offense is committed before the effective date of
this Act if any element of the offense occurs before the effective
date.