BILL ANALYSIS

H.B. 3019

By: Burkett

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties express concern over the current scope of the offense of injury to a child, elderly individual, or disabled individual in relation to negligent operators of boarding home facilities. H.B. 3019 seeks to address this concern by including certain conduct committed by persons associated with such a facility in the conduct that constitutes that offense.

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

H.B. 3019 amends the Penal Code to expand the conduct that constitutes injury to a child, elderly individual, or disabled individual to include an owner, operator, or employee of a boarding home facility intentionally, knowingly, recklessly, or with criminal negligence by omission causing to a child, elderly individual, or disabled individual who is a resident of that facility serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury. The bill includes a person with a mental illness among the individuals against whom conduct constituting an injury to a disabled individual applies.

EFFECTIVE DATE

September 1, 2017.