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