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


Senate Research Center   S.B. 827
78R7851 TBy: Whitmire
Criminal Justice
3/25/2003
As Filed


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.  As proposed, S.B. 827
amends the Penal Code to make it a criminal offense if a person abandons
or endangers a child, 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, AN ELDERLY
INDIVIDUAL, OR A 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 that individual,
rather than the child, in any place under circumstances that expose that
individual, rather than child, to an unreasonable risk.  

(c)  Provides that a person commits an offense if 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. 

(d)  Provides that a person commits an offense if, having custody, care,
or control of a child younger than 15 years, of an elderly individual, of
or a disabled individual, he intentionally or knowingly fails to provide
adequate food, medical care, or shelter for that individual. 

  (e)  Makes conforming changes. Reletters existing Subsection (d) as (e).

  (f)  Makes conforming changes.  Reletters existing Subsection (e) as (f).

  (g)  Reletters existing Subsection (f) as (g).

  (h)  Provides that an offense under Subsection (d) is a second degree
felony. 

  (i)  Reletters existing Subsection (g) as (i).
 
  (j)  Reletters existing Subsection (h) as (j).

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2003.