Texas 2017 - 85th Regular

Texas Senate Bill SB1182 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R8469 GCB-D
2	2	By: Perry S.B. No. 1182
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution, punishment, and certain civil
8	8	consequences of conduct causing the birth of a child born addicted
9	9	to a controlled substance; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 22, Penal Code, is amended by adding
12	12	Section 22.042 to read as follows:
13	13	Sec. 22.042. INGESTION OF CONTROLLED SUBSTANCE WHILE
14	14	PREGNANT. (a) In this section:
15	15	(1) "Born addicted to a controlled substance" means a
16	16	child who, during the first month after birth:
17	17	(A) experiences observable withdrawal from a
18	18	controlled substance;
19	19	(B) exhibits observable or harmful effects in the
20	20	child's physical appearance or functioning attributable to
21	21	addiction to a controlled substance; or
22	22	(C) exhibits the demonstrable presence of a
23	23	controlled substance in the child's bodily fluids.
24	24	(2) "Controlled substance" and "prescription" have
25	25	the meanings assigned by Section 481.002, Health and Safety Code.
26	26	(b) A person commits an offense if the person ingests a
27	27	controlled substance while pregnant, resulting in the birth of a
28	28	child who is born addicted to a controlled substance.
29	29	(c) It is a defense to prosecution under this section that
30	30	the child was born addicted to a controlled substance that the actor
31	31	ingested pursuant to a prescription issued by a licensed physician.
32	32	(d) It is a defense to prosecution under this section that
33	33	the actor attended counseling sessions for substance abusers or
34	34	participated in substance abuse treatment services while pregnant
35	35	with the child who is born addicted to a controlled substance.
36	36	(e) An offense under this section is a Class A misdemeanor.
37	37	(f) The enhancements provided by Sections 12.43 and 12.49 do
38	38	not apply to an offense under this section.
39	39	SECTION 2. Subchapter C, Chapter 42A, Code of Criminal
40	40	Procedure, is amended by adding Article 42A.1011 to read as
41	41	follows:
42	42	Art. 42A.1011. DEFERRED ADJUDICATION COMMUNITY SUPERVISION
43	43	OR COMMUNITY SUPERVISION FOR INGESTION OF CONTROLLED SUBSTANCE
44	44	WHILE PREGNANT. (a) Except as provided by Subsection (b), if a
45	45	defendant is determined in a trial on the merits to have committed
46	46	an offense under Section 22.042, Penal Code, or in the trial of such
47	47	an offense the defendant enters a plea of guilty or nolo contendere
48	48	and, after hearing the evidence, the judge finds that it
49	49	substantiates the defendant's guilt, the judge shall:
50	50	(1) defer further proceedings without entering an
51	51	adjudication of guilt;
52	52	(2) place the defendant on deferred adjudication
53	53	community supervision; and
54	54	(3) inform the defendant orally or in writing of the
55	55	possible consequences under Articles 42A.108 and 42A.110 of a
56	56	violation of a condition of deferred adjudication community
57	57	supervision.
58	58	(b) If the information provided to the defendant under
59	59	Subsection (a)(3) is provided orally, the judge must record and
60	60	maintain the judge's statement to the defendant. The failure of a
61	61	judge to inform a defendant of possible consequences under Articles
62	62	42A.108 and 42A.110 is not a ground for reversal unless the
63	63	defendant shows that the defendant was harmed by the failure of the
64	64	judge to provide the information.
65	65	(c) If a defendant has previously been placed on deferred
66	66	adjudication community supervision under this section, on
67	67	conviction or after receiving a plea of guilty or nolo contendere,
68	68	after hearing the evidence and finding that it substantiates the
69	69	defendant's guilt, the judge shall place the defendant on community
70	70	supervision.
71	71	(d) A judge who places a defendant on deferred adjudication
72	72	community supervision under Subsection (a) or community
73	73	supervision under Subsection (c) shall require the defendant, as a
74	74	condition of community supervision, to attend counseling sessions
75	75	for substance abusers or participate in substance abuse treatment
76	76	services in a program or facility approved or licensed by the
77	77	Department of State Health Services.
78	78	SECTION 3. Section 261.001(1), Family Code, is amended to
79	79	read as follows:
80	80	(1) "Abuse" includes the following acts or omissions
81	81	by a person:
82	82	(A) mental or emotional injury to a child that
83	83	results in an observable and material impairment in the child's
84	84	growth, development, or psychological functioning;
85	85	(B) causing or permitting the child to be in a
86	86	situation in which the child sustains a mental or emotional injury
87	87	that results in an observable and material impairment in the
88	88	child's growth, development, or psychological functioning;
89	89	(C) physical injury that results in substantial
90	90	harm to the child, or the genuine threat of substantial harm from
91	91	physical injury to the child, including an injury that is at
92	92	variance with the history or explanation given and excluding an
93	93	accident or reasonable discipline by a parent, guardian, or
94	94	managing or possessory conservator that does not expose the child
95	95	to a substantial risk of harm;
96	96	(D) failure to make a reasonable effort to
97	97	prevent an action by another person that results in physical injury
98	98	that results in substantial harm to the child;
99	99	(E) sexual conduct harmful to a child's mental,
100	100	emotional, or physical welfare, including conduct that constitutes
101	101	the offense of continuous sexual abuse of young child or children
102	102	under Section 21.02, Penal Code, indecency with a child under
103	103	Section 21.11, Penal Code, sexual assault under Section 22.011,
104	104	Penal Code, or aggravated sexual assault under Section 22.021,
105	105	Penal Code;
106	106	(F) failure to make a reasonable effort to
107	107	prevent sexual conduct harmful to a child;
108	108	(G) compelling or encouraging the child to engage
109	109	in sexual conduct as defined by Section 43.01, Penal Code,
110	110	including compelling or encouraging the child in a manner that
111	111	constitutes an offense of trafficking of persons under Section
112	112	20A.02(a)(7) or (8), Penal Code, prostitution under Section
113	113	43.02(b), Penal Code, or compelling prostitution under Section
114	114	43.05(a)(2), Penal Code;
115	115	(H) causing, permitting, encouraging, engaging
116	116	in, or allowing the photographing, filming, or depicting of the
117	117	child if the person knew or should have known that the resulting
118	118	photograph, film, or depiction of the child is obscene as defined by
119	119	Section 43.21, Penal Code, or pornographic;
120	120	(I) the current use by a person of a controlled
121	121	substance as defined by Chapter 481, Health and Safety Code, in a
122	122	manner or to the extent that the use results in physical, mental, or
123	123	emotional injury to a child;
124	124	(J) causing, expressly permitting, or
125	125	encouraging a child to use a controlled substance as defined by
126	126	Chapter 481, Health and Safety Code;
127	127	(K) causing, permitting, encouraging, engaging
128	128	in, or allowing a sexual performance by a child as defined by
129	129	Section 43.25, Penal Code; [or]
130	130	(L) knowingly causing, permitting, encouraging,
131	131	engaging in, or allowing a child to be trafficked in a manner
132	132	punishable as an offense under Section 20A.02(a)(5), (6), (7), or
133	133	(8), Penal Code, or the failure to make a reasonable effort to
134	134	prevent a child from being trafficked in a manner punishable as an
135	135	offense under any of those sections; or
136	136	(M) allowing a child to be born addicted to a
137	137	controlled substance, as defined by Section 22.042, Penal Code.
138	138	SECTION 4. Section 262.102, Family Code, is amended by
139	139	adding Subsection (b-2) to read as follows:
140	140	(b-2) In determining whether there is an immediate danger to
141	141	the physical health or safety of a child who is younger than one
142	142	year of age, the court may consider whether the child was the
143	143	subject of abuse described by Section 261.001(1)(M).
144	144	SECTION 5. Section 262.104, Family Code, is amended by
145	145	amending Subsection (a) and adding Subsection (c) to read as
146	146	follows:
147	147	(a) If there is no time to obtain a temporary order,
148	148	temporary restraining order, or attachment under Section
149	149	262.102(a) before taking possession of a child consistent with the
150	150	health and safety of that child, an authorized representative of
151	151	the Department of Family and Protective Services, a law enforcement
152	152	officer, or a juvenile probation officer may take possession of a
153	153	child without a court order under the following conditions, only:
154	154	(1) on personal knowledge of facts that would lead a
155	155	person of ordinary prudence and caution to believe that there is an
156	156	immediate danger to the physical health or safety of the child;
157	157	(2) on information furnished by another that has been
158	158	corroborated by personal knowledge of facts and all of which taken
159	159	together would lead a person of ordinary prudence and caution to
160	160	believe that there is an immediate danger to the physical health or
161	161	safety of the child;
162	162	(3) on personal knowledge of facts that would lead a
163	163	person of ordinary prudence and caution to believe that the child
164	164	has been the victim of sexual abuse or of trafficking under Section
165	165	20A.02 or 20A.03, Penal Code;
166	166	(4) on information furnished by another that has been
167	167	corroborated by personal knowledge of facts and all of which taken
168	168	together would lead a person of ordinary prudence and caution to
169	169	believe that the child has been the victim of sexual abuse or of
170	170	trafficking under Section 20A.02 or 20A.03, Penal Code; [or]
171	171	(5) on information furnished by another that has been
172	172	corroborated by personal knowledge of facts and all of which taken
173	173	together would lead a person of ordinary prudence and caution to
174	174	believe that the parent or person who has possession of the child is
175	175	currently using a controlled substance as defined by Chapter 481,
176	176	Health and Safety Code, and the use constitutes an immediate danger
177	177	to the physical health or safety of the child; or
178	178	(6) if the child is younger than one year of age, on
179	179	information furnished by another that has been corroborated by
180	180	personal knowledge of facts and all of which taken together would
181	181	lead a person of ordinary prudence and caution to believe that the
182	182	child was born addicted to a controlled substance, as defined by
183	183	Section 22.042, Penal Code, and there is an immediate danger to the
184	184	physical health or safety of the child.
185	185	(c) An authorized representative of the Department of
186	186	Family and Protective Services, a law enforcement officer, or a
187	187	juvenile probation officer who takes possession of a child without
188	188	a court order under a condition described by Subsection (a)(6) must
189	189	report the facts that supported taking possession of the child to
190	190	the local prosecutor with jurisdiction over an offense under
191	191	Section 22.042, Penal Code.
192	192	SECTION 6. The change in law made by this Act to Section
193	193	261.001, Family Code, applies only to an investigation of child
194	194	abuse alleged to have occurred on or after the effective date of
195	195	this Act.
196	196	SECTION 7. This Act takes effect September 1, 2017.