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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of child abuse and the prosecution of the |
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criminal offense of abandoning or endangering a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(A)(iii), (v), (vii), (viii), (ix), (x), (xi), and (xiii) |
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[261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M)], by a member |
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of a family or household toward a child of the family or household; |
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or |
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(3) dating violence, as that term is defined by |
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Section 71.0021. |
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SECTION 2. Section 261.001, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivision (3-a) to read as |
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follows: |
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(1) "Abuse": |
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(A) includes the following acts or omissions by a |
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person: |
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(i) [(A)] mental or emotional injury to a |
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child that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(ii) [(B)] causing or permitting the child |
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to be in a situation in which the child sustains a mental or |
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emotional injury that results in an observable and material |
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impairment in the child's growth, development, or psychological |
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functioning; |
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(iii) [(C)] physical injury that results in |
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substantial harm to the child, or the genuine threat of substantial |
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harm from physical injury to the child, including an injury that is |
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at variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(iv) [(D)] failure to make a reasonable |
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effort to prevent an action by another person that results in |
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physical injury that results in substantial harm to the child; |
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(v) [(E)] sexual conduct harmful to a |
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child's mental, emotional, or physical welfare, including conduct |
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that constitutes the offense of continuous sexual abuse of young |
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child or disabled individual under Section 21.02, Penal Code, |
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indecency with a child under Section 21.11, Penal Code, sexual |
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assault under Section 22.011, Penal Code, or aggravated sexual |
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assault under Section 22.021, Penal Code; |
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(vi) [(F)] failure to make a reasonable |
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effort to prevent sexual conduct harmful to a child; |
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(vii) [(G)] compelling or encouraging the |
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child to engage in sexual conduct as defined by Section 43.01, Penal |
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Code, including compelling or encouraging the child in a manner |
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that constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under |
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Section 43.021, Penal Code, or compelling prostitution under |
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Section 43.05(a)(2), Penal Code; |
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(viii) [(H)] causing, permitting, |
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encouraging, engaging in, or allowing the photographing, filming, |
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or depicting of the child if the person knew or should have known |
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that the resulting photograph, film, or depiction of the child is |
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obscene as defined by Section 43.21, Penal Code, or pornographic; |
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(ix) [(I)] the current use by a person of a |
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controlled substance as defined by Chapter 481, Health and Safety |
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Code, in a manner or to the extent that the use results in physical, |
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mental, or emotional injury to a child; |
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(x) [(J)] causing, expressly permitting, |
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or encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(xi) [(K)] causing, permitting, |
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encouraging, engaging in, or allowing a sexual performance by a |
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child as defined by Section 43.25, Penal Code; |
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(xii) [(L)] knowingly causing, permitting, |
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encouraging, engaging in, or allowing a child to be trafficked in a |
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manner punishable as an offense under Section 20A.02(a)(5), (6), |
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(7), or (8), Penal Code, or the failure to make a reasonable effort |
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to prevent a child from being trafficked in a manner punishable as |
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an offense under any of those sections; [or] |
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(xiii) [(M)] forcing or coercing a child to |
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enter into a marriage; |
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(xiv) administering or supplying, or |
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consenting to or assisting in the administration or supply of, a |
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puberty suppression prescription drug or cross-sex hormone to a |
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child, other than an intersex child, for the purpose of gender |
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transitioning or gender reassignment; or |
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(xv) performing or consenting to the |
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performance of surgery or another medical procedure on a child, |
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other than an intersex child, for the purpose of gender |
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transitioning or gender reassignment; and |
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(B) does not include an act described by |
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Subparagraph (xiv) if the act is the dispensing or delivery of a |
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drug in accordance with Subtitle J, Title 3, Occupations Code, by a |
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person licensed under that subtitle. |
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(3-a) "Intersex child" means a child who is younger |
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than 18 years of age and either: |
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(A) has inborn chromosomal, gonadal, genital, or |
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endocrine characteristics, or a combination of those |
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characteristics, that are not suited to the typical definition of |
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male or female or are atypical for the determined sex of the child; |
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or |
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(B) is considered by a medical professional to |
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have inborn chromosomal, gonadal, genital, or endocrine |
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characteristics that are ambiguous or atypical for the determined |
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sex of the child. |
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SECTION 3. Section 22.041, Penal Code, is amended by |
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amending Subsections (a) and (c-1) and adding Subsections (c-2) and |
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(c-3) to read as follows: |
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(a) In this section: |
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(1) "Abandon"[, "abandon"] means to leave a child in |
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any place without providing reasonable and necessary care for the |
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child, under circumstances under which no reasonable, similarly |
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situated adult would leave a child of that age and ability. |
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(2) "Intersex child" means a child who is younger than |
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15 years of age and either: |
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(A) has inborn chromosomal, gonadal, genital, or |
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endocrine characteristics, or a combination of those |
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characteristics, that are not suited to the typical definition of |
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male or female or are atypical for the determined sex of the child; |
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or |
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(B) is considered by a medical professional to |
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have inborn chromosomal, gonadal, genital, or endocrine |
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characteristics that are ambiguous or atypical for the determined |
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sex of the child. |
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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) the person manufactured, possessed, or in any way |
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introduced into the body of any person the controlled substance |
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methamphetamine in the presence of the child; |
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(2) the person's conduct related to the proximity or |
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accessibility of the controlled substance methamphetamine to the |
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child and an analysis of a specimen of the child's blood, urine, or |
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other bodily substance indicates the presence of methamphetamine in |
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the 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, or Penalty Group 1-B, |
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Section 481.1022, 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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(4) the person administers or supplies, or consents to |
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or assists in the administering or supplying of, a puberty |
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suppression prescription drug or cross-sex hormone to a child for |
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the purpose of gender transitioning or gender reassignment; or |
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(5) the person performs or consents to the performance |
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of surgery or another medical procedure on a child for the purpose |
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of gender transitioning or gender reassignment. |
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(c-2) The presumptions provided by Subsections (c-1)(4) and |
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(5) do not apply to conduct described by those subsections that |
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involves an intersex child. |
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(c-3) The presumption provided by Subsection (c-1)(4) does |
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not apply to conduct described by that subsection if the conduct is |
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the dispensing or delivery of a drug in accordance with Subtitle J, |
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Title 3, Occupations Code, by a person licensed under that |
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subtitle. |
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SECTION 4. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 5. This Act takes effect September 1, 2023. |