78R6514 KCR-D

By:  Taylor                                                       H.B. No. 1700



A BILL TO BE ENTITLED

AN ACT

relating to the offense of injury to a child committed under certain 
circumstances and to the conditions of community supervision for a 
person convicted of that offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.04, Penal Code, is amended by adding 
Subsection (a-1) to read as follows:
	(a-1)  An act or omission that causes a child to suffer a 
condition described by Subsections (a)(1), (a)(2), and (a)(3), 
regardless of when the act or omission occurs in relation to the 
child's birth, is conduct constituting an offense under this 
section if the act or omission involves the introduction of 
alcohol, a controlled substance, a drug, a dangerous drug, or a 
combination of two or more of those substances into the actor's 
body.
	SECTION 2.  Section 11, Article 42.12, Code of Criminal 
Procedure, is amended by adding Subsection (i) to read as follows:
	(i)  A court granting community supervision to a defendant 
convicted of an offense under Section 22.04, Penal Code, prosecuted 
on the basis of conduct described by Subsection (a-1) of that 
section, shall require as a condition of community supervision that 
the defendant, for the full length of the defendant's term of 
community supervision:
		(1)  participate in, take, or undergo a reversible 
contraceptive method, medication, or medical procedure that is not 
dependent on the defendant's active participation or cooperation; 
and
		(2)  periodically submit to testing for alcohol, drugs, 
dangerous drugs, or controlled substances.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to an 
offense committed on or after September 1, 2003, and to a person 
placed on community supervision for an offense committed on or 
after that date.  An offense committed before September 1, 2003, and 
a person placed on community supervision for an offense committed 
before that date, is covered by the law in effect when the offense 
was committed, and the former law is continued in effect for that 
purpose.  For the purposes of this subsection, an offense was 
committed before September 1, 2003, if any element of the offense 
was committed before that date.