| 1 | 1 | | By: Riddle H.B. No. 3680 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to creating the offense of contributing to the delinquency |
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| 7 | 7 | | of a child. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
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| 10 | 10 | | Section 22.042 to read as follows: |
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| 11 | 11 | | Sec. 22.042. CONTRIBUTING TO DELINQUENCY OF A CHILD. (a) A |
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| 12 | 12 | | person commits an offense if the person is 17 years of age or older |
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| 13 | 13 | | and intentionally or knowingly causes or encourages a child to: |
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| 14 | 14 | | (1) engage in specific conduct that, under the |
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| 15 | 15 | | circumstances surrounding the actor's conduct, would cause the |
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| 16 | 16 | | child to be present during the commission of a felony; or |
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| 17 | 17 | | (2) enter or remain in a place where: |
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| 18 | 18 | | (A) a controlled substance, a controlled |
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| 19 | 19 | | substance analogue, drug paraphernalia, or marihuana, as defined by |
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| 20 | 20 | | Chapter 481, Health and Safety Code, is used, possessed, |
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| 21 | 21 | | manufactured, or distributed; or |
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| 22 | 22 | | (B) prostitution is practiced. |
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| 23 | 23 | | (b) In this section: |
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| 24 | 24 | | (1) "Child" means any person younger than 17 years of |
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| 25 | 25 | | age. |
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| 26 | 26 | | (2) "Place" means: |
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| 27 | 27 | | (A) the grounds of a park, lot, or parcel of land; |
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| 28 | 28 | | or |
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| 29 | 29 | | (B) a building or a portion of a building, |
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| 30 | 30 | | including a distinct residential or lodging unit, but not including |
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| 31 | 31 | | a residential or lodging structure that does not have a living area |
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| 32 | 32 | | in common. |
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| 33 | 33 | | (c) An offense under this section is a Class A misdemeanor. |
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| 34 | 34 | | (d) If conduct constituting an offense under this section |
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| 35 | 35 | | also constitutes an offense under another section of this code, the |
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| 36 | 36 | | actor may be prosecuted under either section or under both |
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| 37 | 37 | | sections. |
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| 38 | 38 | | SECTION 2. This Act takes effect September 1, 2009. |
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