SRC-TAG S.B. 827 78(R)    
BILL ANALYSIS

Senate Research CenterS.B. 827
By: Whitmire
Criminal Justice
6-24-2003
Enrolled

DIGEST AND PURPOSE 

Under current law, it is not a criminal offense for a person to abandon or
endanger an elderly individual or a disabled individual, nor is it a
criminal offense if a person who has custody, care or control of a child,
an elderly individual, or disabled individual fails to provide adequate
food, medical care, or shelter to that individual.  S.B. 827 amends the
Penal Code to make it a criminal offense if a person abandons or endangers
a child, an elderly individual, or a disabled individual. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 22.041, Penal Code, as follows:
 
Sec.  22.041.  New heading: ABANDONING OR ENDANGERING A CHILD,  ELDERLY
INDIVIDUAL, OR DISABLED INDIVIDUAL.  (a) Redefines "abandon" and defines
"elderly individual" and "disabled individual." 

(b)  Provides that a person commits an offense if, having custody, care or
control of child younger than 15 years, an elderly individual or a
disabled individual, the person 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)  Provides that a person commits an offense if the person
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.  Makes a
nonsubstantive change. 

(c-1)  Provides that 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. 

  (d)  Makes conforming changes.

  (e)  Makes conforming changes.

  (f)  Makes no change to this section.

  (f-1)  Provides that an offense under Subsection (c-1) is a second
degree felony. 

   (g)  Makes no changes to this section.

(h)  Provides that it is an exception to the application of Subsection
(b), rather than this section, that the actor voluntarily delivered the
child to a designated emergency infant care provider under Section 262.302
(Child's Attendance at Hearing), Family Code.  

(i)  Provides that it is 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)  Provides that it is a defense to prosecution under Subsection (c-1)
that the person is a health care facility licensed under a law other than
Chapter 241 (Convalescent and Nursing Homes and Related Institutions),
Health and Safety Code, or a licensed health care professional providing
medical treatment at, or is an employee of, a health care facility
licensed under a law other than Chapter 241, Health and Safety Code, and
that the person's conduct is the result of certain actions.  

(k)  Specifies that 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.  Effective date: September 1, 2003. 
            Makes application of this Act prospective.