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A BILL TO BE ENTITLED
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AN ACT
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relating to creating the criminal offense of child endangerment |
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involving smuggling across an international border. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 22, Penal Code, is amended by adding |
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Section 22.042 to read as follows: |
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Sec. 22.042. CHILD ENDANGERMENT INVOLVING SMUGGLING ACROSS |
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INTERNATIONAL BORDER. (a) In this section: |
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(1) "Abandon" means to leave in any place without |
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providing reasonable and necessary care a child under circumstances |
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under which no reasonable, similarly situated person would leave a |
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child of that age and ability. |
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(2) "Child" means a person younger than 18 years of |
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age. |
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(b) A person commits an offense if: |
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(1) the person is a parent of a child or is a guardian, |
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conservator, or other legal custodian of a child; |
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(2) the person knowingly pays, contracts with, or |
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otherwise engages an individual or organization for the purpose of |
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transporting the child across an international border in violation |
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of any federal or state law; and |
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(3) the child, as a result of the transportation |
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arrangement, is: |
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(A) found by state or federal law enforcement, |
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including the United States Border Patrol, to be not in the physical |
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custody of any parent or of any guardian, conservator, or other |
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custodian of the child; |
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(B) subjected to conditions that place the |
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child's physical or mental health at substantial risk of harm; or |
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(C) abandoned, exploited, or otherwise |
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endangered. |
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(c) An offense under this section is a state jail felony |
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unless it is shown on the trial of the offense that: |
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(1) the child suffered serious bodily injury, in which |
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event the offense is a felony of the second degree; or |
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(2) the child died as a result of the conduct described |
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by Subsection (b), in which event the offense is a felony of the |
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first degree. |
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(d) It is not a defense to prosecution under this section |
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that: |
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(1) the actor believed the conduct was necessary for |
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the child's safety or well-being; or |
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(2) the individual or organization described by |
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Subsection (b)(2) acted independently of the actor in abandoning, |
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exploiting, or otherwise endangering the child. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another section of this code, the |
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actor may be prosecuted under either section or under both |
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sections. |
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SECTION 2. This Act takes effect September 1, 2025. |