BILL ANALYSIS

 

 

 

S.B. 1279

By: Campbell

Human Services

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Unfortunately, sometimes infants are delivered or left in places that do not provide the proper care, thus endangering such infants' lives. Current law gives a parent who is unable to care for a newborn baby a safe and legal choice to leave the baby, with no questions asked, with an employee at certain facilities, such as a hospital or an emergency medical services provider. Interested parties note that over the last couple of years, a number of infants have been delivered to a freestanding emergency care facility and that the number of these facilities located throughout Texas continues to grow. The parties contend that these facilities provide another option for a parent who is looking to safely deliver a baby. The purpose of S.B. 1279 is to further protect newborn children.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 1279 amends the Family Code, as amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to include a licensed freestanding emergency medical care facility among the entities considered to be designated emergency infant care providers for purposes of statutory provisions governing a suit brought by a governmental entity to protect the health and safety of a child. The bill applies to an exception asserted to an abandoning or endangering a child offense, regardless of when the offense was committed, but only if the trial for the offense commences on or after the bill's effective date.

 

EFFECTIVE DATE

 

September 1, 2015.