By:  Whitmire                                                     S.B. No. 827
	(In the Senate - Filed March 3, 2003; March 10, 2003, read 
first time and referred to Committee on Criminal Justice; 
March 31, 2003, reported adversely, with favorable Committee 
Substitute by the following vote:  Yeas 4, Nays 0; March 31, 2003, 
sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 827                                    By:  Whitmire


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, 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 an affirmative defense to prosecution under this 
section that the act or omission was based on treatment in 
accordance with the tenets and practices of a recognized religious 
method of healing that has a generally accepted record of efficacy.
	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.



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