Bill Text: TX HB3019 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the prosecution for the offense of injury to a child, elderly individual, or disabled individual.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB3019 Detail]
Download: Texas-2017-HB3019-Comm_Sub.html
Bill Title: Relating to the prosecution for the offense of injury to a child, elderly individual, or disabled individual.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2017-06-01 - Effective on 9/1/17 [HB3019 Detail]
Download: Texas-2017-HB3019-Comm_Sub.html
By: Burkett, Button (Senate Sponsor - Menéndez) | H.B. No. 3019 | |
(In the Senate - Received from the House May 8, 2017; | ||
May 9, 2017, read first time and referred to Committee on Criminal | ||
Justice; May 19, 2017, reported favorably by the following vote: | ||
Yeas 7, Nays 0; May 19, 2017, sent to printer.) | ||
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relating to the prosecution for the offense of injury to a child, | ||
elderly individual, or disabled individual. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 22.04(a-1) and (i), Penal Code, are | ||
amended to read as follows: | ||
(a-1) A person commits an offense if the person is an owner, | ||
operator, or employee of a group home, nursing facility, assisted | ||
living facility, boarding home facility, intermediate care | ||
facility for persons with an intellectual or developmental | ||
disability [ |
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facility and the person intentionally, knowingly, recklessly, or | ||
with criminal negligence by omission causes to a child, elderly | ||
individual, or disabled individual who is a resident of that group | ||
home or facility: | ||
(1) serious bodily injury; | ||
(2) serious mental deficiency, impairment, or injury; | ||
or | ||
(3) bodily injury. | ||
(i) It is an affirmative defense to prosecution under | ||
Subsection (b)(2) that before the offense the actor: | ||
(1) notified in person the child, elderly individual, | ||
or disabled individual that the actor [ |
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any of the care described by Subsection (d),[ |
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[ |
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other than the actor, [ |
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child, elderly individual, or disabled individual that the actor | ||
[ |
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(d); or | ||
(2) [ |
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and Protective [ |
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no longer provide any of the care described by [ |
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Subsection (d). | ||
SECTION 2. Section 22.04(c)(3), Penal Code, is amended to | ||
read as follows: | ||
(3) "Disabled individual" means a person: | ||
(A) with one or more of the following: | ||
(i) autism spectrum disorder, as defined by | ||
Section 1355.001, Insurance Code; | ||
(ii) developmental disability, as defined | ||
by Section 112.042, Human Resources Code; | ||
(iii) intellectual disability, as defined | ||
by Section 591.003, Health and Safety Code; | ||
(iv) severe emotional disturbance, as | ||
defined by Section 261.001, Family Code; [ |
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(v) traumatic brain injury, as defined by | ||
Section 92.001, Health and Safety Code; or | ||
(vi) mental illness, as defined by Section | ||
571.003, Health and Safety Code; or | ||
(B) who otherwise by reason of age or physical or | ||
mental disease, defect, or injury is substantially unable to | ||
protect the person's self from harm or to provide food, shelter, or | ||
medical care for the person's self. | ||
SECTION 3. 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 4. This Act takes effect September 1, 2017. | ||
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