H.B. 1426 78(R)    BILL ANALYSIS


H.B. 1426
By: Keel
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Currently, it is not a criminal offense if a person abandons or endangers
an elderly or disabled individual, nor is it an offense if a person who
has custody, care, or control of a child, elderly individual, or disabled
individual fails to provide adequate food, medical care, or shelter to
that individual. House Bill 1426 makes these actions criminal offenses. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 1426 amends the Penal Code to make it an offense to abandon or
endanger an elderly or disabled individual. Such an offense is a state
jail felony if the person intends to return, a third degree felony if
there is no such intent, or a second degree felony if the abandonment
places the person in imminent danger of death, bodily injury, or physical
or mental impairment. Furthermore, it is a second degree felony if a
person intentionally fails to provide food, medical care or shelter for a
child, elderly individual, or disabled individual.   

EFFECTIVE DATE

September 1, 2003.