78R7851 T

By:  Whitmire                                                     S.B. No. 827



A BILL TO BE ENTITLED

AN ACT

relating to amending Section 22.041, Penal Code, to make it a 
criminal offense to abandon or endanger an elderly individual or a 
disabled individual and to make it a criminal offense to fail to 
provide adequate food, medical care, or shelter to a child, elderly 
individual, or disabled individual; providing a criminal penalty.
	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, AN ELDERLY 
INDIVIDUAL, OR A DISABLED INDIVIDUAL.  (a)(1)  In this section, 
"abandon" means to leave a child, an elderly individual, or a 
disabled individual in any place without providing reasonable and 
necessary care for that individual [the child], under circumstances 
under which no reasonable, similarly situated adult would leave an 
individual [a child] of that age and ability.
		(2)  In this section, "elderly individual" has the 
meaning assigned by Section 22.04(c)(2) of this code.
		(3)  In this section, "disabled individual" has the 
meaning assigned by Section 22.04(c)(3) of this code.
	(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, he intentionally abandons that individual 
[the child] in any place under circumstances that expose that 
individual [the child] to an unreasonable risk of harm.
	(c)  A person commits an offense if he intentionally, 
knowingly, 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.
	(d)  A person commits an offense if, having custody, care, or 
control of a child younger than 15 years, of an elderly individual, 
of or a disabled individual, he intentionally or knowingly fails to 
provide adequate food, medical care, or shelter for that 
individual.
	(e) [(d)]  Except as provided by Subsection (e), an offense 
under Subsection (b) is:
		(1)  a state jail felony if the actor abandoned the 
child, the elderly individual, or the disabled individual with 
intent to return for that individual [the child]; or
		(2)  a felony of the third degree if the actor abandoned 
the child, the elderly individual, or the disabled individual
without intent to return for that individual [the child].
	(f) [(e)]  An offense under Subsection (b) is a felony of the 
second degree if the actor abandons the child, the elderly 
individual, or the disabled individual under circumstances that a 
reasonable person would believe would place that individual [the 
child] in imminent danger of death, bodily injury, or physical or 
mental impairment.
	(g) [(f)]  An offense under Subsection (c) is a state jail 
felony.
	(h)  An offense under Subsection (d) is a felony of the 
second degree.
	(i) [(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.
	(j) [(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.  (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.  EFFECTIVE DATE.  This Act takes effect on 
September 1, 2003.