The bill would amend the Penal Code relating to the offense of abandoning or endangering a child to include: 1) possession or introduction of methamphetamine into the body in the presence of a child; and 2) conduct related to the proximity or accessibility of methamphetamine to a child with analysis indicating presence of methamphetamine in the child's body to conduct placing a child in imminent danger of death, bodily injury, or physical or mental impairment.  The offense of abandoning or endangering a child is punishable as a state jail felony, a felony of the third degree, or a felony of the second degree depending on the conditions associated with the abandonment. 
 
The bill would also amend the Health and Safety Code by providing that if it were shown at the punishment phase of a trial for the manufacture of a controlled substance listed in penalty group 1 that when the offense was committed a child younger than 18 years of age was present on the premises where the offense was committed:  1) the punishment for less than one gram would increase from a state jail felony offense to a third degree felony offense and the punishment for one gram or more but less than four grams would increase from a second degree felony offense to a first degree felony offense; 2) the minimum term of imprisonment for two hundred grams or more but less than four hundred grams would increase from ten years to fifteen and the maximum fine would increase to $150,000; and 3) the minimum term of imprisonment for four hundred grams or more would increase from fifteen years to twenty years and the maximum fine would increase to $300,000. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.
 
A third degree felony is punishable by imprisonment in the institutional division for any term of not more than ten years or less than two years, or, in addition to imprisonment, a fine not to exceed $10,000.

A second degree felony is punishable by imprisonment in the institutional division for any term of not more than 20 years or less than 2 years, or, in addition to confinement, a fine not to exceed $10,000.

Broadening the definition of the types of behavior punishable is expected to result in increased demands upon the correctional resources of counties or of the State due to an increase in offenses.  In fiscal year 2006 there were 191 offenders admitted to state jail for abandoning or endangering a child by criminal negligence, and in fiscal year 2005 there were 419 offenders placed on state jail felony community supervision for abandoning or endangering a child by criminal negligence.  It is expected that individuals who would be affected under the provision of this bill are currently being sentenced for other, possibly misdemeanor, offenses.  The probable impact of implementing the provision of this bill cannot be determined due to the unavailability of reliable data or information related to the circumstances involved in the possession, use, or manufacture of methamphetamine, or other penalty group 1 controlled substances, in the presence of a child or the proximity or accessibility of methamphetamine to a child.