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A BILL TO BE ENTITLED
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AN ACT
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relating to a presumption that applies to certain conduct involving |
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certain controlled substances that endangers a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 22.041, Penal Code, is amended by |
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amending Subsection (c-1) and adding Subsection (c-2) to read as |
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follows: |
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(c-1) For purposes of Subsection (c), it is presumed that a |
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person engaged in conduct that places a child in imminent danger of |
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death, bodily injury, or physical or mental impairment if: |
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(1) in the presence of the child, the person |
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manufactured, possessed, or in any way introduced into the body of |
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any person the controlled substances [substance] methamphetamine |
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or cocaine [in the presence of the child]; or |
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(2) the person's conduct related to the proximity or |
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accessibility to the child of the controlled substances [substance] |
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methamphetamine or cocaine [to the child] and an analysis of a |
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specimen of the child's blood, urine, or other bodily substance |
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indicates the presence of either substance [methamphetamine] in the |
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child's body[; or
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[(3)
the person injected, ingested, inhaled, or
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otherwise introduced a controlled substance listed in Penalty Group
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1, Section 481.102, Health and Safety Code, into the human body when
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the person was not in lawful possession of the substance as defined
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by Section 481.002(24) of that code]. |
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(c-2) The presumption under Subsection (c-1)(2) does not |
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apply if: |
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(1) the actor's conduct relates to ingesting |
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methamphetamine or cocaine while pregnant with the child; |
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(2) immediately following the child's birth, an |
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analysis of a specimen of the child's blood, urine, or other bodily |
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substance indicates the presence of methamphetamine or cocaine in |
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the child's body; and |
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(3) the actor: |
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(A) was enrolled in a chemical dependency |
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treatment program or substance abuse treatment program before the |
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child's birth; |
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(B) continued participating in the program while |
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pregnant with the child; and |
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(C) successfully completed the program after |
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giving birth to the child. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2019. |