| 1 | 1 | | 83R24383 JSC-D |
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| 2 | 2 | | By: Raymond H.B. No. 1502 |
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| 3 | 3 | | Substitute the following for H.B. No. 1502: |
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| 4 | 4 | | By: Herrero C.S.H.B. No. 1502 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the use of certain disciplinary actions against a |
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| 10 | 10 | | child; providing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 22, Penal Code, is amended by adding |
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| 13 | 13 | | Section 22.042 to read as follows: |
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| 14 | 14 | | Sec. 22.042. UNLAWFUL DISCIPLINE OF A CHILD. (a) In this |
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| 15 | 15 | | section: |
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| 16 | 16 | | (1) "Child" means a person younger than 18 years of |
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| 17 | 17 | | age. |
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| 18 | 18 | | (2) "Stun gun" has the meaning assigned by Section |
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| 19 | 19 | | 38.14. |
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| 20 | 20 | | (3) "Taser" means a device that is intended, designed, |
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| 21 | 21 | | made, or adapted to incapacitate a person by inflicting an |
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| 22 | 22 | | electrical charge through the emission of a projectile or |
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| 23 | 23 | | conductive stream. |
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| 24 | 24 | | (b) A person commits an offense if the person subdues a |
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| 25 | 25 | | child for disciplinary purposes by using a stun gun, a taser, |
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| 26 | 26 | | handcuffs, or zip ties on the child. |
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| 27 | 27 | | (c) An offense under this section is a Class A misdemeanor. |
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| 28 | 28 | | (d) The defenses to prosecution provided under Subchapter |
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| 29 | 29 | | F, Chapter 9, are not available to a defendant under this section if |
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| 30 | 30 | | the child was 12 years of age or younger at the time of the offense. |
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| 31 | 31 | | (e) If conduct constituting an offense under this section |
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| 32 | 32 | | also constitutes an offense under another section of this code, the |
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| 33 | 33 | | actor may be prosecuted under either section or both sections. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2013. |
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