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78R2212 KCR-D

By:  Jones of Dallas                                              H.B. No. 492



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of injury to a child, 
elderly individual, or disabled individual.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.04(c)(2), Penal Code, is amended to 
read as follows:  
		(2)  "Elderly individual" means a person 60 [65] years 
of age or older.
	SECTION 2.  Sections 22.04(d), (f), and (g), Penal Code, are 
amended to read as follows:
	(d)  The actor, including an employee of a nursing facility 
licensed under Chapter 242, Health and Safety Code, an assisted 
living facility licensed under Chapter 247, Health and Safety Code, 
and an intermediate care facility for the mentally retarded 
licensed under Chapter 252, Health and Safety Code, has assumed 
care, custody, or control if he has by act, words, or course of 
conduct acted so as to cause a reasonable person to conclude that he 
has accepted responsibility for protection, food, shelter, and 
medical care for a child, elderly individual, or disabled 
individual.
	(f)  An offense under Subsection (a)(3) is a felony of the 
second [third] degree when the conduct is committed intentionally 
or knowingly.  When the conduct is engaged in recklessly it shall be 
a [state jail] felony of the third degree.
	(g)  An offense under Subsection (a) when the person acts 
with criminal negligence shall be a [state jail] felony of the third 
degree.
	SECTION 3.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense was committed before 
the effective date of this Act if any element of the offense was 
committed before the effective date.
	(b)  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.
	SECTION 4.  This Act takes effect September 1, 2003.