86R19691 GCB-F
By: Bell of Kaufman, Wray, Perez, Murr, H.B. No. 1261
Pacheco
Substitute the following for H.B. No. 1261:
By: Murr C.S.H.B. No. 1261
A BILL TO BE ENTITLED
AN ACT
relating to a presumption that applies to certain conduct involving
certain controlled substances that endangers a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 22.041, Penal Code, is amended by
amending Subsection (c-1) and adding Subsection (c-2) to read as
follows:
(c-1) For purposes of Subsection (c), it is presumed that a
person engaged in conduct that places a child in imminent danger of
death, bodily injury, or physical or mental impairment if:
(1) in the presence of the child, the person
manufactured, possessed, or in any way introduced into the body of
any person the controlled substances [substance] methamphetamine
or cocaine [in the presence of the child]; or
(2) the person's conduct related to the proximity or
accessibility to the child of the controlled substances [substance]
methamphetamine or cocaine [to the child] and an analysis of a
specimen of the child's blood, urine, or other bodily substance
indicates the presence of either substance [methamphetamine] in the
child's body[; or
[(3) the person injected, ingested, inhaled, or
otherwise introduced a controlled substance listed in Penalty Group
1, Section 481.102, Health and Safety Code, into the human body when
the person was not in lawful possession of the substance as defined
by Section 481.002(24) of that code].
(c-2) The presumption under Subsection (c-1)(2) does not
apply if:
(1) the actor's conduct relates to ingesting
methamphetamine or cocaine while pregnant with the child;
(2) immediately following the child's birth, an
analysis of a specimen of the child's blood, urine, or other bodily
substance indicates the presence of methamphetamine or cocaine in
the child's body; and
(3) the actor:
(A) was enrolled in a chemical dependency
treatment program or substance abuse treatment program before the
child's birth;
(B) continued participating in the program while
pregnant with the child; and
(C) successfully completed the program after
giving birth to the child.
SECTION 2. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 3. This Act takes effect September 1, 2019.