Bill Text: TX HB1243 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the creation of the criminal offense of ingesting a controlled substance while pregnant or introducing a controlled substance into the body of a person who is pregnant and the consequences of the commission of that offense in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-22 - Left pending in committee [HB1243 Detail]
Download: Texas-2011-HB1243-Introduced.html
82R7133 GCB-D | ||
By: Miller of Comal | H.B. No. 1243 |
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relating to the creation of the criminal offense of ingesting a | ||
controlled substance while pregnant or introducing a controlled | ||
substance into the body of a person who is pregnant and the | ||
consequences of the commission of that offense in a suit affecting | ||
the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 22, Penal Code, is amended by adding | ||
Section 22.042 to read as follows: | ||
Sec. 22.042. INGESTING CONTROLLED SUBSTANCE WHILE PREGNANT | ||
OR INTRODUCING CONTROLLED SUBSTANCE INTO BODY OF PERSON WHO IS | ||
PREGNANT. (a) A person commits an offense if the person | ||
intentionally, knowingly, or recklessly: | ||
(1) ingests a controlled substance while pregnant; or | ||
(2) introduces a controlled substance into the body of | ||
a person who is pregnant. | ||
(b) An offense under this section is a state jail felony. | ||
(c) It is a defense to prosecution under this section that | ||
the actor ingested a controlled substance while pregnant or | ||
introduced a controlled substance into the body of a person who is | ||
pregnant at the direction of or pursuant to a prescription issued by | ||
a licensed physician. | ||
(d) It is a defense to prosecution under this section that, | ||
at the time the actor engaged in the conduct constituting the | ||
offense, the actor reasonably believed the actor or person into | ||
whose body the actor introduced the controlled substance, as | ||
applicable, was not pregnant. | ||
(e) Section 22.12 does not apply to conduct constituting an | ||
offense under this section. | ||
(f) In this section, "prescription" has the meaning | ||
assigned by Section 481.002, Health and Safety Code. | ||
SECTION 2. Section 161.001, Family Code, is amended to read | ||
as follows: | ||
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD | ||
RELATIONSHIP. The court may order termination of the parent-child | ||
relationship if the court finds by clear and convincing evidence: | ||
(1) that the parent has: | ||
(A) voluntarily left the child alone or in the | ||
possession of another not the parent and expressed an intent not to | ||
return; | ||
(B) voluntarily left the child alone or in the | ||
possession of another not the parent without expressing an intent | ||
to return, without providing for the adequate support of the child, | ||
and remained away for a period of at least three months; | ||
(C) voluntarily left the child alone or in the | ||
possession of another without providing adequate support of the | ||
child and remained away for a period of at least six months; | ||
(D) knowingly placed or knowingly allowed the | ||
child to remain in conditions or surroundings which endanger the | ||
physical or emotional well-being of the child; | ||
(E) engaged in conduct or knowingly placed the | ||
child with persons who engaged in conduct which endangers the | ||
physical or emotional well-being of the child; | ||
(F) failed to support the child in accordance | ||
with the parent's ability during a period of one year ending within | ||
six months of the date of the filing of the petition; | ||
(G) abandoned the child without identifying the | ||
child or furnishing means of identification, and the child's | ||
identity cannot be ascertained by the exercise of reasonable | ||
diligence; | ||
(H) voluntarily, and with knowledge of the | ||
pregnancy, abandoned the mother of the child beginning at a time | ||
during her pregnancy with the child and continuing through the | ||
birth, failed to provide adequate support or medical care for the | ||
mother during the period of abandonment before the birth of the | ||
child, and remained apart from the child or failed to support the | ||
child since the birth; | ||
(I) contumaciously refused to submit to a | ||
reasonable and lawful order of a court under Subchapter D, Chapter | ||
261; | ||
(J) been the major cause of: | ||
(i) the failure of the child to be enrolled | ||
in school as required by the Education Code; or | ||
(ii) the child's absence from the child's | ||
home without the consent of the parents or guardian for a | ||
substantial length of time or without the intent to return; | ||
(K) executed before or after the suit is filed an | ||
unrevoked or irrevocable affidavit of relinquishment of parental | ||
rights as provided by this chapter; | ||
(L) been convicted or has been placed on | ||
community supervision, including deferred adjudication community | ||
supervision, for being criminally responsible for the death or | ||
serious injury of a child under the following sections of the Penal | ||
Code or adjudicated under Title 3 for conduct that caused the death | ||
or serious injury of a child and that would constitute a violation | ||
of one of the following Penal Code sections: | ||
(i) Section 19.02 (murder); | ||
(ii) Section 19.03 (capital murder); | ||
(iii) Section 19.04 (manslaughter); | ||
(iv) Section 21.11 (indecency with a | ||
child); | ||
(v) Section 22.01 (assault); | ||
(vi) Section 22.011 (sexual assault); | ||
(vii) Section 22.02 (aggravated assault); | ||
(viii) Section 22.021 (aggravated sexual | ||
assault); | ||
(ix) Section 22.04 (injury to a child, | ||
elderly individual, or disabled individual); | ||
(x) Section 22.041 (abandoning or | ||
endangering child); | ||
(xi) Section 25.02 (prohibited sexual | ||
conduct); | ||
(xii) Section 43.25 (sexual performance by | ||
a child); | ||
(xiii) Section 43.26 (possession or | ||
promotion of child pornography); [ |
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(xiv) Section 21.02 (continuous sexual | ||
abuse of young child or children); and | ||
(xv) Section 22.042(a)(1) (ingesting a | ||
controlled substance while pregnant); | ||
(M) had his or her parent-child relationship | ||
terminated with respect to another child based on a finding that the | ||
parent's conduct was in violation of Paragraph (D) or (E) or | ||
substantially equivalent provisions of the law of another state; | ||
(N) constructively abandoned the child who has | ||
been in the permanent or temporary managing conservatorship of the | ||
Department of Family and Protective Services or an authorized | ||
agency for not less than six months, and: | ||
(i) the department or authorized agency has | ||
made reasonable efforts to return the child to the parent; | ||
(ii) the parent has not regularly visited | ||
or maintained significant contact with the child; and | ||
(iii) the parent has demonstrated an | ||
inability to provide the child with a safe environment; | ||
(O) failed to comply with the provisions of a | ||
court order that specifically established the actions necessary for | ||
the parent to obtain the return of the child who has been in the | ||
permanent or temporary managing conservatorship of the Department | ||
of Family and Protective Services for not less than nine months as a | ||
result of the child's removal from the parent under Chapter 262 for | ||
the abuse or neglect of the child; | ||
(P) used a controlled substance, as defined by | ||
Chapter 481, Health and Safety Code, in a manner that endangered the | ||
health or safety of the child, and: | ||
(i) failed to complete a court-ordered | ||
substance abuse treatment program; or | ||
(ii) after completion of a court-ordered | ||
substance abuse treatment program, continued to abuse a controlled | ||
substance; | ||
(Q) knowingly engaged in criminal conduct that | ||
has resulted in the parent's: | ||
(i) conviction of an offense; and | ||
(ii) confinement or imprisonment and | ||
inability to care for the child for not less than two years from the | ||
date of filing the petition; | ||
(R) been the cause of the child being born | ||
addicted to alcohol or a controlled substance, other than a | ||
controlled substance legally obtained by prescription, as defined | ||
by Section 261.001; | ||
(S) voluntarily delivered the child to a | ||
designated emergency infant care provider under Section 262.302 | ||
without expressing an intent to return for the child; or | ||
(T) been convicted of: | ||
(i) the murder of the other parent of the | ||
child under Section 19.02 or 19.03, Penal Code, or under a law of | ||
another state, federal law, the law of a foreign country, or the | ||
Uniform Code of Military Justice that contains elements that are | ||
substantially similar to the elements of an offense under Section | ||
19.02 or 19.03, Penal Code; | ||
(ii) criminal attempt under Section 15.01, | ||
Penal Code, or under a law of another state, federal law, the law of | ||
a foreign country, or the Uniform Code of Military Justice that | ||
contains elements that are substantially similar to the elements of | ||
an offense under Section 15.01, Penal Code, to commit the offense | ||
described by Subparagraph (i); or | ||
(iii) criminal solicitation under Section | ||
15.03, Penal Code, or under a law of another state, federal law, the | ||
law of a foreign country, or the Uniform Code of Military Justice | ||
that contains elements that are substantially similar to the | ||
elements of an offense under Section 15.03, Penal Code, of the | ||
offense described by Subparagraph (i); and | ||
(2) that termination is in the best interest of the | ||
child. | ||
SECTION 3. Section 262.2015(b), Family Code, is amended to | ||
read as follows: | ||
(b) The court may find under Subsection (a) that a parent | ||
has subjected the child to aggravated circumstances if: | ||
(1) the parent abandoned the child without | ||
identification or a means for identifying the child; | ||
(2) the child is a victim of serious bodily injury or | ||
sexual abuse inflicted by the parent or by another person with the | ||
parent's consent; | ||
(3) the parent has engaged in conduct against the | ||
child that would constitute an offense under the following | ||
provisions of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 19.04 (manslaughter); | ||
(D) Section 21.11 (indecency with a child); | ||
(E) Section 22.011 (sexual assault); | ||
(F) Section 22.02 (aggravated assault); | ||
(G) Section 22.021 (aggravated sexual assault); | ||
(H) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(I) Section 22.041 (abandoning or endangering | ||
child); | ||
(J) Section 25.02 (prohibited sexual conduct); | ||
(K) Section 43.25 (sexual performance by a | ||
child); | ||
(L) Section 43.26 (possession or promotion of | ||
child pornography); [ |
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(M) Section 21.02 (continuous sexual abuse of | ||
young child or children); or | ||
(N) Section 22.042(a)(1) (ingesting a controlled | ||
substance while pregnant); | ||
(4) the parent voluntarily left the child alone or in | ||
the possession of another person not the parent of the child for at | ||
least six months without expressing an intent to return and without | ||
providing adequate support for the child; | ||
(5) the parent's parental rights with regard to | ||
another child have been involuntarily terminated based on a finding | ||
that the parent's conduct violated Section 161.001(1)(D) or (E) or | ||
a substantially equivalent provision of another state's law; | ||
(6) the parent has been convicted for: | ||
(A) the murder of another child of the parent and | ||
the offense would have been an offense under 18 U.S.C. Section | ||
1111(a) if the offense had occurred in the special maritime or | ||
territorial jurisdiction of the United States; | ||
(B) the voluntary manslaughter of another child | ||
of the parent and the offense would have been an offense under 18 | ||
U.S.C. Section 1112(a) if the offense had occurred in the special | ||
maritime or territorial jurisdiction of the United States; | ||
(C) aiding or abetting, attempting, conspiring, | ||
or soliciting an offense under Subdivision (A) or (B); or | ||
(D) the felony assault of the child or another | ||
child of the parent that resulted in serious bodily injury to the | ||
child or another child of the parent; or | ||
(7) the parent's parental rights with regard to two | ||
other children have been involuntarily terminated. | ||
SECTION 4. The change in law made by this Act to Section | ||
262.2015, Family Code, applies only to a suit affecting the | ||
parent-child relationship that is filed on or after the effective | ||
date of this Act. A suit filed before the effective date of this Act | ||
is governed by the law in effect on the date the suit was filed, and | ||
the former law is continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |