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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain disciplinary actions against a |
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child; providing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.042 to read as follows: |
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Sec. 22.042. UNLAWFUL DISCIPLINE OF A CHILD. (a) In this |
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section: |
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(1) "Child" means a person younger than 18 years of |
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age. |
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(2) "Stun gun" has the meaning assigned by Section |
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38.14. |
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(3) "Taser" means a device that is intended, designed, |
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made, or adapted to incapacitate a person by inflicting an |
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electrical charge through the emission of a projectile or |
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conductive stream. |
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(b) A person commits an offense if the person subdues a |
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child for disciplinary purposes by using a stun gun, a taser, |
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handcuffs, or zip ties on the child. |
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(c) An offense under this section is a Class A misdemeanor. |
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(d) The defenses to prosecution provided under Subchapter |
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F, Chapter 9, are not available to a defendant under this section if |
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the child was 12 years of age or younger at the time of the offense. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or both sections. |
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SECTION 2. This Act takes effect September 1, 2013. |