| Old | New | Differences | |
|---|---|---|---|
| 1 | - | 86R19691 GCB-F | |
| 2 | - | By: Bell of Kaufman, Wray, Perez, Murr, H.B. No. 1261 | |
| 3 | - | Pacheco | |
| 4 | - | Substitute the following for H.B. No. 1261: | |
| 5 | - | By: Murr C.S.H.B. No. 1261 | |
| 1 | + | 86R7406 JSC-F | |
| 2 | + | By: Bell of Kaufman H.B. No. 1261 | |
| 6 | 3 | ||
| 7 | 4 | ||
| 8 | 5 | A BILL TO BE ENTITLED | |
| 9 | 6 | AN ACT | |
| 10 | 7 | relating to a presumption that applies to certain conduct involving | |
| 11 | 8 | certain controlled substances that endangers a child. | |
| 12 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | - | SECTION 1. Section 22.041, Penal Code, is amended by | |
| 14 | - | amending Subsection (c-1) and adding Subsection (c-2) to read as | |
| 15 | - | follows: | |
| 10 | + | SECTION 1. Section 22.041(c-1), Penal Code, is amended to | |
| 11 | + | read as follows: | |
| 16 | 12 | (c-1) For purposes of Subsection (c), it is presumed that a | |
| 17 | 13 | person engaged in conduct that places a child in imminent danger of | |
| 18 | 14 | death, bodily injury, or physical or mental impairment if: | |
| 19 | 15 | (1) in the presence of the child, the person | |
| 20 | 16 | manufactured, possessed, or in any way introduced into the body of | |
| 21 | - | any person the controlled substances [substance] methamphetamine | |
| 22 | - | or cocaine [in the presence of the child]; or | |
| 17 | + | any person a [the] controlled substance listed in Penalty Group 1, | |
| 18 | + | Section 481.102, Health and Safety Code [methamphetamine in the | |
| 19 | + | presence of the child]; or | |
| 23 | 20 | (2) the person's conduct related to the proximity or | |
| 24 | - | accessibility to the child of the controlled substances [substance] | |
| 25 | - | methamphetamine or cocaine [to the child] and an analysis of a | |
| 26 | - | specimen of the child's blood, urine, or other bodily substance | |
| 27 | - | indicates the presence of either substance [methamphetamine] in the | |
| 28 | - | child's body[; or | |
| 21 | + | accessibility to the child of a [the] controlled substance listed | |
| 22 | + | in Penalty Group 1, Section 481.102, Health and Safety Code, | |
| 23 | + | [methamphetamine to the child] and an analysis of a specimen of the | |
| 24 | + | child's blood, urine, or other bodily substance indicates the | |
| 25 | + | presence of the substance [methamphetamine] in the child's body[; | |
| 26 | + | or | |
| 29 | 27 | [(3) the person injected, ingested, inhaled, or | |
| 30 | 28 | otherwise introduced a controlled substance listed in Penalty Group | |
| 31 | 29 | 1, Section 481.102, Health and Safety Code, into the human body when | |
| 32 | 30 | the person was not in lawful possession of the substance as defined | |
| 33 | 31 | by Section 481.002(24) of that code]. | |
| 34 | - | (c-2) The presumption under Subsection (c-1)(2) does not | |
| 35 | - | apply if: | |
| 36 | - | (1) the actor's conduct relates to ingesting | |
| 37 | - | methamphetamine or cocaine while pregnant with the child; | |
| 38 | - | (2) immediately following the child's birth, an | |
| 39 | - | analysis of a specimen of the child's blood, urine, or other bodily | |
| 40 | - | substance indicates the presence of methamphetamine or cocaine in | |
| 41 | - | the child's body; and | |
| 42 | - | (3) the actor: | |
| 43 | - | (A) was enrolled in a chemical dependency | |
| 44 | - | treatment program or substance abuse treatment program before the | |
| 45 | - | child's birth; | |
| 46 | - | (B) continued participating in the program while | |
| 47 | - | pregnant with the child; and | |
| 48 | - | (C) successfully completed the program after | |
| 49 | - | giving birth to the child. | |
| 50 | 32 | SECTION 2. The change in law made by this Act applies only | |
| 51 | 33 | to an offense committed on or after the effective date of this Act. | |
| 52 | 34 | An offense committed before the effective date of this Act is | |
| 53 | 35 | governed by the law in effect on the date the offense was committed, | |
| 54 | 36 | and the former law is continued in effect for that purpose. For | |
| 55 | 37 | purposes of this section, an offense was committed before the | |
| 56 | 38 | effective date of this Act if any element of the offense occurred | |
| 57 | 39 | before that date. | |
| 58 | 40 | SECTION 3. This Act takes effect September 1, 2019. |