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A BILL TO BE ENTITLED
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AN ACT
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relating to the punishment of certain parents for the murder of the |
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parent's infant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (e) to read as |
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follows: |
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(c) Except as provided by Subsections [Subsection] (d) and |
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(e), an offense under this section is a felony of the first degree. |
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(e) At the punishment stage of a trial in which a defendant |
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has been found guilty of causing the death of a child to whom the |
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defendant gave birth within the 12-month period preceding the |
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child's death, the defendant may raise the issue as to whether the |
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defendant caused the child's death because the defendant's judgment |
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was impaired as a result of the effects of giving birth or the |
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effects of lactation following the birth. If the defendant proves |
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the issue in the affirmative by a preponderance of the evidence, the |
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offense is a state jail felony. |
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SECTION 2. The change in law made by this Act applies to a |
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trial that commences on or after the effective date of this Act, |
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regardless of whether the alleged offense was committed before, on, |
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or after that date. A trial that commenced before the effective |
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date of this Act is covered by the law in effect when the trial |
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commenced, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |