Texas 2017 - 85th Regular

Texas House Bill HB3019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Burkett, Button (Senate Sponsor - Menéndez) H.B. No. 3019
2		-	(In the Senate - Received from the House May 8, 2017;
3		-	May 9, 2017, read first time and referred to Committee on Criminal
4		-	Justice; May 19, 2017, reported favorably by the following vote:
5		-	Yeas 7, Nays 0; May 19, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 3019
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the prosecution for the offense of injury to a child,
12	6		elderly individual, or disabled individual.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. Sections 22.04(a-1) and (i), Penal Code, are
15	9		amended to read as follows:
16	10		(a-1) A person commits an offense if the person is an owner,
17	11		operator, or employee of a group home, nursing facility, assisted
18	12		living facility, boarding home facility, intermediate care
19	13		facility for persons with an intellectual or developmental
20	14		disability [mental retardation], or other institutional care
21	15		facility and the person intentionally, knowingly, recklessly, or
22	16		with criminal negligence by omission causes to a child, elderly
23	17		individual, or disabled individual who is a resident of that group
24	18		home or facility:
25	19		(1) serious bodily injury;
26	20		(2) serious mental deficiency, impairment, or injury;
27	21		or
28	22		(3) bodily injury.
29	23		(i) It is an affirmative defense to prosecution under
30	24		Subsection (b)(2) that before the offense the actor:
31	25		(1) notified in person the child, elderly individual,
32	26		or disabled individual that the actor [he] would no longer provide
33	27		any of the care described by Subsection (d),[;] and
34	28		[(2)] notified in writing the parents or a person,
35	29		other than the actor, [himself] acting in loco parentis to the
36	30		child, elderly individual, or disabled individual that the actor
37	31		[he] would no longer provide any of the care described by Subsection
38	32		(d); or
39	33		(2) [(3)] notified in writing the Department of Family
40	34		and Protective [and Regulatory] Services that the actor [he] would
41	35		no longer provide any of the care described by [set forth in]
42	36		Subsection (d).
43	37		SECTION 2. Section 22.04(c)(3), Penal Code, is amended to
44	38		read as follows:
45	39		(3) "Disabled individual" means a person:
46	40		(A) with one or more of the following:
47	41		(i) autism spectrum disorder, as defined by
48	42		Section 1355.001, Insurance Code;
49	43		(ii) developmental disability, as defined
50	44		by Section 112.042, Human Resources Code;
51	45		(iii) intellectual disability, as defined
52	46		by Section 591.003, Health and Safety Code;
53	47		(iv) severe emotional disturbance, as
54	48		defined by Section 261.001, Family Code; [or]
55	49		(v) traumatic brain injury, as defined by
56	50		Section 92.001, Health and Safety Code; or
57	51		(vi) mental illness, as defined by Section
58	52		571.003, Health and Safety Code; or
59	53		(B) who otherwise by reason of age or physical or
60	54		mental disease, defect, or injury is substantially unable to
61	55		protect the person's self from harm or to provide food, shelter, or
62	56		medical care for the person's self.
63	57		SECTION 3. The change in law made by this Act applies only
64	58		to an offense committed on or after the effective date of this Act.
65	59		An offense committed before the effective date of this Act is
66	60		governed by the law in effect on the date the offense was committed,
67	61		and the former law is continued in effect for that purpose. For
68	62		purposes of this section, an offense was committed before the
69	63		effective date of this Act if any element of the offense occurred
70	64		before that date.
71	65		SECTION 4. This Act takes effect September 1, 2017.
72		-	* * * * *
	66	+	______________________________ ______________________________
	67	+	President of the Senate Speaker of the House
	68	+	I certify that H.B. No. 3019 was passed by the House on May 6,
	69	+	2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	70	+	voting.
	71	+	______________________________
	72	+	Chief Clerk of the House
	73	+	I certify that H.B. No. 3019 was passed by the Senate on May
	74	+	22, 2017, by the following vote: Yeas 31, Nays 0.
	75	+	______________________________
	76	+	Secretary of the Senate
	77	+	APPROVED: _____________________
	78	+	Date
	79	+	_____________________
	80	+	Governor