Bill Text: TX HB1261 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to a presumption that applies to certain conduct involving certain controlled substances that endangers a child.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-05-02 - Committee report sent to Calendars [HB1261 Detail]

Download: Texas-2019-HB1261-Comm_Sub.html
  86R19691 GCB-F
 
  By: Bell of Kaufman, Wray, Perez, Murr, H.B. No. 1261
      Pacheco
 
  Substitute the following for H.B. No. 1261:
 
  By:  Murr C.S.H.B. No. 1261
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a presumption that applies to certain conduct involving
  certain controlled substances that endangers a child.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 22.041, Penal Code, is amended by
  amending Subsection (c-1) and adding Subsection (c-2) to read as
  follows:
         (c-1)  For purposes of Subsection (c), it is presumed that a
  person engaged in conduct that places a child in imminent danger of
  death, bodily injury, or physical or mental impairment if:
               (1)  in the presence of the child, the person
  manufactured, possessed, or in any way introduced into the body of
  any person the controlled substances [substance] methamphetamine
  or cocaine [in the presence of the child]; or
               (2)  the person's conduct related to the proximity or
  accessibility to the child of the controlled substances [substance]
  methamphetamine or cocaine [to the child] and an analysis of a
  specimen of the child's blood, urine, or other bodily substance
  indicates the presence of either substance [methamphetamine] in the
  child's body[; or
               [(3)     the person injected, ingested, inhaled, or
  otherwise introduced a controlled substance listed in Penalty Group
  1, Section 481.102, Health and Safety Code, into the human body when
  the person was not in lawful possession of the substance as defined
  by Section 481.002(24) of that code].
         (c-2)  The presumption under Subsection (c-1)(2) does not
  apply if:
               (1)  the actor's conduct relates to ingesting
  methamphetamine or cocaine while pregnant with the child;
               (2)  immediately following the child's birth, an
  analysis of a specimen of the child's blood, urine, or other bodily
  substance indicates the presence of methamphetamine or cocaine in
  the child's body; and
               (3)  the actor:
                     (A)  was enrolled in a chemical dependency
  treatment program or substance abuse treatment program before the
  child's birth;
                     (B)  continued participating in the program while
  pregnant with the child; and
                     (C)  successfully completed the program after
  giving birth to the child.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2019.
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