By: West S.B. No. 130

(In the Senate - Filed November 30, 2006; January 29, 2007, read first time and referred to Committee on Criminal Justice; April 27, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 27, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 130 By: Ellis

A BILL TO BE ENTITLED

AN ACT

relating to conduct that constitutes the offense of endangering a child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subsection (c-1), Section 22.041, Penal Code, is amended to read as follows:

(c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person, [manufactured the controlled substance methamphetamine] in the presence of the child:

(1) manufactured the controlled substance methamphetamine; or

(2) injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1, Section 481.102, Health and Safety Code, into the human body when the person was not in lawful possession of the substance as defined by Section 481.002(24) of that code.

SECTION 2. The change in law made by this Act applies 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 governed by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense was committed before that date.

SECTION 3. This Act takes effect September 1, 2007.

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