83R24383 JSC-D
By: Raymond H.B. No. 1502
Substitute the following for H.B. No. 1502:
By: Herrero C.S.H.B. No. 1502
A BILL TO BE ENTITLED
AN ACT
relating to the use of certain disciplinary actions against a
child; providing a criminal penalty.
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. UNLAWFUL DISCIPLINE OF A CHILD. (a) In this
section:
(1) "Child" means a person younger than 18 years of
age.
(2) "Stun gun" has the meaning assigned by Section
38.14.
(3) "Taser" means a device that is intended, designed,
made, or adapted to incapacitate a person by inflicting an
electrical charge through the emission of a projectile or
conductive stream.
(b) A person commits an offense if the person subdues a
child for disciplinary purposes by using a stun gun, a taser,
handcuffs, or zip ties on the child.
(c) An offense under this section is a Class A misdemeanor.
(d) The defenses to prosecution provided under Subchapter
F, Chapter 9, are not available to a defendant under this section if
the child was 12 years of age or younger at the time of the offense.
(e) If conduct constituting an offense under this section
also constitutes an offense under another section of this code, the
actor may be prosecuted under either section or both sections.
SECTION 2. This Act takes effect September 1, 2013.