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79R8132 E

By:  Zedler                                                       H.B. No. 1714



A BILL TO BE ENTITLED

AN ACT

relating to the offense of murder of a child.                                 
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 19, Penal Code, is amended by adding 
Section 19.021 to read as follows:
	Sec. 19.021.  MURDER OF A CHILD.  (a)  A person commits an 
offense if:
		(1)  he commits or attempts to commit injury to a child 
as defined under Section 22.04(a)(1), (2), or (3);
		(2)  the individual injured is a child; and                            
		(3)  in the course of and in the furtherance of the 
commission, omission, or attempt or in immediate flight from the 
commission, omission, or attempt, he commits or attempts to commit 
an act or omission that is clearly dangerous to human life that 
causes the death of a child.
	(b)  An omission that causes a condition described by 
Sections 22.04(a)(1)-(3) is conduct constituting an offense under 
this section if:
		(1)  the actor has a legal or statutory duty to act; or                
		(2)  the actor has assumed care, custody, or control of 
a child.     
	(c)  In this section, "child" means a person 14 years of age 
or younger.
	(d)  An offense under this section is a felony punishable by 
imprisonment in the institutional division of the Texas Department 
of Criminal Justice for life or for a term of not more than 99 years 
or less than 15 years, and a fine not to exceed $10,000.
	SECTION 2.  This Act takes effect September 1, 2005.