84R2334 JSC-D
By: Raymond H.B. No. 1159
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.
(4) "Zip tie" means a plastic strip that can be
threaded through its end and tightened.
(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 younger than 13 years of age 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, 2015.