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


Senate Research Center   C.S.S.B. 827
By: Whitmire
Criminal Justice 
3/27/2003
Committee Report (Substituted) 


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

(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 an affirmative defense to prosecution under this
section that the act or omission 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.


     
SUMMARY OF COMMITTEE CHANGES

SECTION 1.  Differs from original bill in proposed  Section 22.041 by
adding the phrase "for the child, elderly, individual, or disabled
individual"  in place of the original proposed text "the individual."
Replaces the text "an individual" with the phrase "an individual or
child." 

Differs from the original bill in Section 22.041(b) by replacing "he" with
" the person" and adding the phrase "the child, elderly individual, or
disabled individual." 

Differs from the original bill in Section 22.041(c) by making a
nonsubstantive change. 

Differs from the original bill in  Section 22.041 by creating a new
Subsection (c-1) from existing text, adding the phrase "the child, the
elderly individual, or disabled individual" and making nonsubstantive
changes.  

Differs from the original bill in  Section 22.041(d) (1) and (2) by adding
the phrase " the child, elderly individual, or disabled individual." 

Differs from original bill in Section 22.041(e) by adding the phrase " the
child, elderly individual, or disabled individual." 

Differs from the original bill by creating a new Subsection (f-1) in
Section 22.041. 

Differs from the original bill in Section 22.041(h) by replacing " this
section" with "Subsection b." 

Differs from the original bill  by creating a new Subsections (i) and (j)
in Section 22.041. 
 
Reletters Subsections (d), (e), (f), (g), (h), (i), and (j) as (c-1), (d),
(e), (f), (f-1), and (g). 

SECTION 2.  Combines SECTIONS 2 and 3 of the original into SECTION 2 in
the substitute.