| 1 | 1 | | By: Spitzer H.B. No. 1358 |
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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 a presumption that applies to certain conduct involving |
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| 7 | 7 | | certain controlled substances that endangers 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. Section 22.041(c-1), Penal Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (c-1) For purposes of Subsection (c), it is presumed that a |
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| 12 | 12 | | person engaged in conduct that places a child in imminent danger of |
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| 13 | 13 | | death, bodily injury, or physical or mental impairment if: |
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| 14 | 14 | | (1) in the presence of the child, the person |
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| 15 | 15 | | manufactured, possessed, or in any way introduced into the body of |
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| 16 | 16 | | any person a [the] controlled substance listed in Penalty Group 1, |
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| 17 | 17 | | Section 481.102, Health and Safety Code [methamphetamine in the |
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| 18 | 18 | | presence of the child]; or |
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| 19 | 19 | | (2) the person's conduct related to the proximity or |
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| 20 | 20 | | accessibility to the child of a [the] controlled substance listed |
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| 21 | 21 | | in Penalty Group 1, Section 481.102, Health and Safety Code, |
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| 22 | 22 | | [methamphetamine to the child] and an analysis of a specimen of the |
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| 23 | 23 | | child's blood, urine, or other bodily substance indicates the |
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| 24 | 24 | | presence of the substance [methamphetamine] in the child's body[; |
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| 25 | 25 | | or |
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| 26 | 26 | | [(3) the person injected, ingested, inhaled, or |
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| 27 | 27 | | otherwise introduced a controlled substance listed in Penalty Group |
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| 28 | 28 | | 1, Section 481.102, Health and Safety Code, into the human body when |
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| 29 | 29 | | the person was not in lawful possession of the substance as defined |
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| 30 | 30 | | by Section 481.002(24) of that code]. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to an offense committed on or after the effective date of this Act. |
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| 33 | 33 | | An offense committed before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the offense was committed, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. For |
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| 36 | 36 | | purposes of this section, an offense was committed before the |
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| 37 | 37 | | effective date of this Act if any element of the offense occurred |
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| 38 | 38 | | before that date. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2015 |
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| 40 | 40 | | . |
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