78(R) SB 827 - House Committee Report version


                                                                                
78R15659 KCR-D


By:  Whitmire                                                     S.B. No. 827

Substitute the following for S.B. No. 827:                                    

By:  Keel                                                     C.S.S.B. No. 827



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)  "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, an elderly individual, or 
a 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, or 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.
	(c-1)  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)  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 Subsection (b) 
[this section] that the actor voluntarily delivered the child to a 
designated emergency infant care provider under Section 262.302, 
Family Code.
	(i)  It is a 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)  It is a defense to prosecution under Subsection (c-1) 
that the person is a health care facility licensed under a law other 
than Chapter 241, Health and Safety Code, or a licensed health care 
professional providing medical treatment at, or is an employee of, 
a health care facility licensed under a law other than Chapter 241, 
Health and Safety Code, and that the person's conduct is the result 
of:
		(1)  a decision made under Subchapter B, Chapter 166, 
Health and Safety Code, to withhold or withdraw life-sustaining 
treatment from a qualified terminal or irreversible patient;
		(2)  a power of attorney executed in compliance with 
Subchapter D, Chapter 166, Health and Safety Code, or under Chapter 
XII, Probate Code;
		(3)  consent to medical treatment of a minor in 
compliance with Chapter 32, Family Code;
		(4)  consent for emergency care received in compliance 
with Chapter 773, Health and Safety Code;
		(5)  a hospital patient transfer made in compliance 
with Subchapter B, Chapter 241, Health and Safety Code;
		(6)  a decision made by a patient's legal guardian who 
has the authority to make a decision regarding the patient's 
medical treatment;
		(7)  a reasonable decision consistent with:                            
			(A)  a physician's orders, care, treatment, or 
individual service plan with respect to the child, elderly 
individual, or disabled individual;
			(B)  the diagnosis or medical condition of the 
child, elderly individual, or disabled individual;
			(C)  the scope and nature of a health care 
provider's license or certification; or
			(D)  an individual contract for services with the 
health care provider, entered into by the child, elderly 
individual, disabled individual, or a legal guardian with authority 
to make health care decisions for the child, elderly individual, or 
disabled individual; or
		(8)  a decision to discharge a child, elderly 
individual, or disabled individual from a health care facility 
licensed under a law other than Chapter 241, Health and Safety Code, 
based on the child's, elderly individual's, or disabled 
individual's inability to pay for care or treatment provided by the 
health care facility.
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The changes in law made by this Act apply only to an 
offense committed on or after the effective date of this Act.  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.  For the purposes of 
this subsection, an offense is committed before the effective date 
of this Act if any element of the offense occurs before that date.