78R5775 KCR-F

By:  Keel                                                         H.B. No. 1426



A BILL TO BE ENTITLED

AN ACT

relating to creating offenses for abandoning or endangering an 
elderly individual or disabled individual and for failing to 
provide certain care for a child, elderly individual, or disabled 
individual.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.041, Penal Code, is amended to read as 
follows:       
	Sec. 22.041.  ABANDONING OR ENDANGERING A CHILD, ELDERLY 
INDIVIDUAL, OR DISABLED INDIVIDUAL.  (a)  In this section:
		(1)  "Abandon" [, "abandon"] means to leave a child, 
elderly individual, or disabled individual in any place without 
providing reasonable and necessary care for the child, elderly 
individual, or disabled individual under circumstances under which 
no reasonable, similarly situated adult would leave an individual 
or [a] child of that age and ability.
		(2)  "Child," "elderly individual," and "disabled 
individual" have the meanings assigned by Section 22.04(c).
	(b)  A person commits an offense if, having custody, care, or 
control of a child [younger than 15 years], elderly individual, or 
disabled individual, the person [he] 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)  A person commits an offense if the person [he] 
intentionally, knowingly, recklessly, or with criminal negligence, 
by act or omission, engages in conduct that places a child, elderly 
individual, or disabled individual [younger than 15 years] in 
imminent danger of death, bodily injury, or physical or mental 
impairment.
	(c-1)  A person commits an offense if, having custody, care, 
or control of a child, elderly individual, or disabled individual, 
the person intentionally or knowingly fails to provide food, 
medical care, or shelter for the child, elderly individual, or 
disabled individual.
	(d)  Except as provided by Subsection (e), an offense under 
Subsection (b) is:
		(1)  a state jail felony if the actor abandoned the 
child, elderly individual, or disabled individual with intent to 
return for the child, elderly individual, or disabled individual;  
or
		(2)  a felony of the third degree if the actor abandoned 
the child, elderly individual, or disabled individual without 
intent to return for the child, elderly individual, or disabled 
individual.
	(e)  An offense under Subsection (b) is a felony of the 
second degree if the actor abandons the child, elderly individual, 
or disabled individual under circumstances that a reasonable person 
would believe would place the child, elderly individual, or 
disabled individual in imminent danger of death, bodily injury, or 
physical or mental impairment.
	(f)  An offense under Subsection (c) is a state jail felony.                   
	(f-1)  An offense under Subsection (c-1) is a felony of the 
second degree.
	(g)  It is a defense to prosecution under Subsection (c) that 
the act or omission enables the child to practice for or participate 
in an organized athletic event and that appropriate safety 
equipment and procedures are employed in the event.
	(h)  It is an exception to the application of this section 
that the actor voluntarily delivered the child to a designated 
emergency infant care provider under Section 262.302, Family Code.
	SECTION 2.  This Act takes effect September 1, 2003.