79R4397 KEL-D

By:  Guillen                                                      H.B. No. 1052



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an offense for family violence 
committed in the presence of a child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 22.041, Penal Code, is amended by 
amending Subsection (f) and adding Subsections (c-1) and (i) to 
read as follows:
	(c-1)  A person commits an offense if the person:                       
		(1)  engages in conduct that involves family violence, 
as defined by Section 71.004, Family Code; and
		(2)  intentionally engaged in the conduct in the 
presence of a child younger than 17 years of age and was reckless as 
to the presence of the child.
	(f)  An offense under Subsection (c) or (c-1) is a state jail 
felony. 
	(i)  It is a defense to prosecution under Subsection (c-1) 
that the child who was present during the conduct would have been 
criminally responsible as a party to the offense, had the child 
reached the age of criminal responsibility.
	SECTION 2.  This Act takes effect September 1, 2005.