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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offenses of obtaining medical |
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treatment by deception for a child, elderly individual, or disabled |
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individual and continuous abuse of a child, elderly individual, or |
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disabled individual. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as Alyssa's Law. |
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SECTION 2. Chapter 22, Penal Code, is amended by adding |
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Sections 22.042 and 22.043 to read as follows: |
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Sec. 22.042. OBTAINING MEDICAL TREATMENT BY DECEPTION FOR |
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CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this |
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section: |
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(1) "Child," "disabled individual," and "elderly |
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individual" have the meanings assigned by Section 22.04. |
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(2) "Medical history" includes any oral or written |
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communication regarding an individual's current or previous |
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symptoms, diagnoses, or family medical history. |
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(3) "Medical treatment" includes a prescription for a |
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controlled substance or other medication, an injection, inpatient |
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or outpatient surgery, or other medical care occurring under the |
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direction of or by a licensed physician. |
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(b) A person commits an offense if the person intentionally |
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provides false medical history to medical personnel to obtain |
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medical treatment for a child, elderly individual, or disabled |
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individual. |
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(c) An offense under this section is a felony of the third |
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degree. |
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Sec. 22.043. CONTINUOUS ABUSE OF CHILD, ELDERLY INDIVIDUAL, |
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OR DISABLED INDIVIDUAL. (a) A person commits an offense if, during |
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a period that is 30 or more days but less than five years in |
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duration, the person engages two or more times in conduct that |
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constitutes an offense under Section 22.04 or 22.042 against one or |
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more victims. |
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(b) If a jury is the trier of fact, members of the jury are |
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not required to agree unanimously on which specific conduct engaged |
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in by the defendant constituted an offense under Section 22.04 or |
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22.042 or on which exact date the defendant engaged in that conduct. |
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The jury must agree unanimously that the defendant, during a period |
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that is 30 or more days but less than five years in duration, |
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engaged two or more times in conduct that constituted an offense |
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under Section 22.04 or 22.042. |
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(c) If the victim of an offense under Subsection (a) is the |
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same victim as a victim of an offense under Section 22.04 or 22.042, |
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a defendant may not be convicted of the offense under Section 22.04 |
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or 22.042 in the same criminal action as the offense under |
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Subsection (a), unless the offense under Section 22.04 or 22.042: |
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(1) is charged in the alternative; |
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(2) occurred outside the period in which the offense |
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alleged under Subsection (a) was committed; or |
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(3) is considered by the trier of fact to be a lesser |
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included offense of the offense alleged under Subsection (a). |
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(d) A defendant may not be charged with more than one count |
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under Subsection (a) if all of the conduct that constitutes an |
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offense under Section 22.04 or 22.042 is alleged to have been |
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committed against the same victim. |
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(e) An offense under this section is a felony of the second |
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degree. |
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SECTION 3. 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 4. This Act takes effect September 1, 2019. |