Texas 2017 - 85th Regular

Texas Senate Bill SB1369 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Menéndez S.B. No. 1369
2	2	(In the Senate - Filed March 6, 2017; March 16, 2017, read
3	3	first time and referred to Committee on Criminal Justice;
4	4	April 26, 2017, reported favorably by the following vote: Yeas 8,
5	5	Nays 0; April 26, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the prosecution for the offense of injury to a child,
12	12	elderly individual, or disabled individual.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Sections 22.04(a-1) and (i), Penal Code, are
15	15	amended to read as follows:
16	16	(a-1) A person commits an offense if the person is an owner,
17	17	operator, or employee of a group home, nursing facility, assisted
18	18	living facility, boarding home facility, intermediate care
19	19	facility for persons with an intellectual or developmental
20	20	disability [mental retardation], or other institutional care
21	21	facility and the person intentionally, knowingly, recklessly, or
22	22	with criminal negligence by omission causes to a child, elderly
23	23	individual, or disabled individual who is a resident of that group
24	24	home or facility:
25	25	(1) serious bodily injury;
26	26	(2) serious mental deficiency, impairment, or injury;
27	27	or
28	28	(3) bodily injury.
29	29	(i) It is an affirmative defense to prosecution under
30	30	Subsection (b)(2) that before the offense the actor:
31	31	(1) notified in person the child, elderly individual,
32	32	or disabled individual that the actor [he] would no longer provide
33	33	any of the care described by Subsection (d),[;] and
34	34	[(2)] notified in writing the parents or a person,
35	35	other than the actor, [himself] acting in loco parentis to the
36	36	child, elderly individual, or disabled individual that the actor
37	37	[he] would no longer provide any of the care described by Subsection
38	38	(d); or
39	39	(2) [(3)] notified in writing the Department of Family
40	40	and Protective [and Regulatory] Services that the actor [he] would
41	41	no longer provide any of the care described by [set forth in]
42	42	Subsection (d).
43	43	SECTION 2. Section 22.04(c)(3), Penal Code, is amended to
44	44	read as follows:
45	45	(3) "Disabled individual" means a person:
46	46	(A) with one or more of the following:
47	47	(i) autism spectrum disorder, as defined by
48	48	Section 1355.001, Insurance Code;
49	49	(ii) developmental disability, as defined
50	50	by Section 112.042, Human Resources Code;
51	51	(iii) intellectual disability, as defined
52	52	by Section 591.003, Health and Safety Code;
53	53	(iv) severe emotional disturbance, as
54	54	defined by Section 261.001, Family Code; [or]
55	55	(v) traumatic brain injury, as defined by
56	56	Section 92.001, Health and Safety Code; or
57	57	(vi) mental illness, as defined by Section
58	58	571.003, Health and Safety Code; or
59	59	(B) who otherwise by reason of age or physical or
60	60	mental disease, defect, or injury is substantially unable to
61	61	protect the person's self from harm or to provide food, shelter, or
62	62	medical care for the person's self.
63	63	SECTION 3. The change in law made by this Act applies only
64	64	to an offense committed on or after the effective date of this Act.
65	65	An offense committed before the effective date of this Act is
66	66	governed by the law in effect on the date the offense was committed,
67	67	and the former law is continued in effect for that purpose. For
68	68	purposes of this section, an offense was committed before the
69	69	effective date of this Act if any element of the offense occurred
70	70	before that date.
71	71	SECTION 4. This Act takes effect September 1, 2017.
72	72	* * * * *