Relating to creating the criminal offenses of obtaining unneeded medical treatment by deception for a child, elderly individual, or disabled individual and continuous abuse of a child, elderly individual, or disabled individual.
The introduction of this bill will amend the Texas Penal Code, adding Sections 22.042 and 22.043. The penalties for committing these offenses will categorize the first offense as a third-degree felony, while the continuous abuse offense will be classified as a second-degree felony. This change reflects an increased legal recognition of the seriousness of exploiting vulnerable populations and aims to deter such behaviors by imposing significant legal penalties. This is expected to have a profound impact on the legal landscape surrounding elder and child protection laws.
House Bill 1773, also known as Alyssa's Law, seeks to address the serious issue of obtaining unneeded medical treatment through deception for vulnerable populations, including children, elderly individuals, and disabled individuals. The legislation introduces two new criminal offenses: one focused on the act of deceitfully providing false medical history to obtain unnecessary medical treatment, and another concerning the ongoing abuse of these vulnerable individuals. Both offenses aim to enhance the protection of those who may not be able to advocate for themselves effectively.
Notable points of contention regarding this bill revolve around the definitions and implications of the terms used in the legislation. The bill specifies that medical treatments covered under this law exclude vaccinations, which sparked discussions among health professionals regarding the scope of medical deception it seeks to address. There may also be concerns about the burden of proof required to establish the deceit, especially regarding medical histories and how these cases will be prosecuted. The application of this law necessitates careful legal consideration to protect against both genuine cases of neglect and wrongful accusations.
HB 1773 is set to take effect on September 1, 2021, indicating a timeline for law enforcement and healthcare systems to prepare for the implications of this legislation. By focusing on the continuous nature of abuse with specific time frames, the law aims to hold repeat offenders accountable while ensuring that justice is served for victims of abuse. As the law unfolds, its effectiveness and reception among stakeholders in the medical and legal communities will be critical in shaping future discussions around similar legislation.