Amend CSSB 900 (senate committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 22, Penal Code, is amended by adding Section 22.042 to read as follows:
Sec. 22.042. CONTINUOUS INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) A person commits an offense if, during a period that is 30 or more days but less than five years in duration, the person engages two or more times in conduct that constitutes an offense under Section 22.04 against one or more victims.
(b) If a jury is the trier of fact, members of the jury are not required to agree unanimously on which specific conduct engaged in by the defendant constituted an offense under Section 22.04 or on which exact date the defendant engaged in that conduct. The jury must agree unanimously that the defendant, during a period that is 30 or more days but less than five years in duration, engaged in conduct that constituted an offense under Section 22.04.
(c) If the victim of an offense under Subsection (a) is the same victim as a victim of an offense under Section 22.04, a defendant may not be convicted of the offense under Section 22.04 in the same criminal action as the offense under Subsection (a), unless the offense under Section 22.04:
(1) is charged in the alternative;
(2) occurred outside the period in which the offense alleged under Subsection (a) was committed; or
(3) is considered by the trier of fact to be a lesser included offense of the offense alleged under Subsection (a).
(d) A defendant may not be charged with more than one count under Subsection (a) if all of the conduct that constitutes an offense under Section 22.04 is alleged to have been committed against the same victim.
(e) An offense under this section is a felony of the first degree.