78R6537 GWK-D

By:  Riddle                                                       H.B. No. 2408



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, Penal Code, is amended by 
amending Subsections (a) and (g) and adding Subsection (f-1) to 
read as follows:
	(a)  A person commits an offense if he intentionally, 
knowingly, recklessly, or with criminal negligence, by act or 
intentionally, knowingly, or recklessly by omission, causes to a 
child, elderly individual, or disabled individual:
		(1)  serious bodily injury;                                                   
		(2)  serious mental deficiency, impairment, or injury; 
[or]
		(3)  bodily injury; or                                                 
		(4)  serious bodily injury, the severity of which is so 
pronounced that:
			(A)  the child or individual is able to remain 
alive only with advanced medical life support; or
			(B)  the quality of life of the child or 
individual is substantially and permanently altered.
	(f-1)  An offense under Subsection (a)(4) is a felony of the 
first degree when the conduct is committed intentionally, 
knowingly, or recklessly.  When the conduct is engaged in 
negligently the offense is a felony of the second degree.
	(g)  Except as provided by Subsection (f-1), an [An] offense 
under Subsection (a) when the person acts with criminal negligence 
shall be a state jail felony.
	SECTION 2.  (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 is committed before 
the effective date of this Act if any element of the offense occurs 
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 3.  This Act takes effect September 1, 2003.