Texas 2019 - 86th Regular

Texas House Bill HB2874 Compare Versions

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

Old	New	Differences
1	1	86R11703 TSS-F
2	2	By: Davis of Dallas H.B. No. 2874
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the criminal offense of abandoning or endangering a
8	8	child, elderly individual, or disabled individual.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 22.041, Penal Code, is amended to read as
11	11	follows:
12	12	Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY
13	13	INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:
14	14	(1) "Abandon"[, "abandon"] means to leave [a child] in
15	15	any place without providing reasonable and necessary care a [for
16	16	the] child, elderly individual, or disabled individual under
17	17	circumstances under which no reasonable, similarly situated person
18	18	[adult] would leave a child or individual of that age and ability.
19	19	(2) "Child," "elderly individual," and "disabled
20	20	individual" have the meanings assigned by Section 22.04.
21	21	(b) A person commits an offense if the person, having
22	22	custody, care, or control of a child, elderly individual, or
23	23	disabled individual [younger than 15 years], [he] intentionally
24	24	abandons the child or individual in any place under circumstances
25	25	that expose the child or individual to an unreasonable risk of harm.
26	26	(c) A person commits an offense if the person [he]
27	27	intentionally, knowingly, recklessly, or with criminal negligence,
28	28	by act or omission, engages in conduct that places a child, elderly
29	29	individual, or disabled individual [younger than 15 years] in
30	30	imminent danger of death, bodily injury, or physical or mental
31	31	impairment.
32	32	(c-1) For purposes of Subsection (c), it is presumed that a
33	33	person engaged in conduct that places a child, elderly individual,
34	34	or disabled individual in imminent danger of death, bodily injury,
35	35	or physical or mental impairment if:
36	36	(1) the person manufactured, possessed, or in any way
37	37	introduced into the body of any person the controlled substance
38	38	methamphetamine in the presence of the child, elderly individual,
39	39	or disabled individual;
40	40	(2) the person's conduct related to the proximity or
41	41	accessibility of the controlled substance methamphetamine to the
42	42	child, elderly individual, or disabled individual and an analysis
43	43	of a specimen of the child's or individual's blood, urine, or other
44	44	bodily substance indicates the presence of methamphetamine in the
45	45	body of the child or individual [child's body]; or
46	46	(3) the person injected, ingested, inhaled, or
47	47	otherwise introduced a controlled substance listed in Penalty Group
48	48	1, Section 481.102, Health and Safety Code, into the human body when
49	49	the person was not in lawful possession of the substance as defined
50	50	by Section 481.002(24) of that code.
51	51	(d) Except as provided by Subsection (e), an offense under
52	52	Subsection (b) is:
53	53	(1) a state jail felony if the actor abandoned the
54	54	child, elderly individual, or disabled individual with intent to
55	55	return for the child or individual; or
56	56	(2) a felony of the third degree if the actor abandoned
57	57	the child, elderly individual, or disabled individual without
58	58	intent to return for the child or individual.
59	59	(e) An offense under Subsection (b) is a felony of the
60	60	second degree if the actor abandons the child, elderly individual,
61	61	or disabled individual under circumstances that a reasonable person
62	62	would believe would place the child or individual in imminent
63	63	danger of death, bodily injury, or physical or mental impairment.
64	64	(f) An offense under Subsection (c) is a state jail felony.
65	65	(g) It is a defense to prosecution under Subsection (c) that
66	66	the act or omission enables the child, elderly individual, or
67	67	disabled individual to practice for or participate in an organized
68	68	athletic event and that appropriate safety equipment and procedures
69	69	are employed in the event.
70	70	(h) It is an exception to the application of this section
71	71	that the actor voluntarily delivered a [the] child to a designated
72	72	emergency infant care provider under Section 262.302, Family Code.
73	73	SECTION 2. Section 201.062(a), Estates Code, is amended to
74	74	read as follows:
75	75	(a) A probate court may enter an order declaring that the
76	76	parent of a child under 18 years of age may not inherit from or
77	77	through the child under the laws of descent and distribution if the
78	78	court finds by clear and convincing evidence that the parent has:
79	79	(1) voluntarily abandoned and failed to support the
80	80	child in accordance with the parent's obligation or ability for at
81	81	least three years before the date of the child's death, and did not
82	82	resume support for the child before that date;
83	83	(2) voluntarily and with knowledge of the pregnancy:
84	84	(A) abandoned the child's mother beginning at a
85	85	time during her pregnancy with the child and continuing through the
86	86	birth;
87	87	(B) failed to provide adequate support or medical
88	88	care for the mother during the period of abandonment before the
89	89	child's birth; and
90	90	(C) remained apart from and failed to support the
91	91	child since birth; or
92	92	(3) been convicted or has been placed on community
93	93	supervision, including deferred adjudication community
94	94	supervision, for being criminally responsible for the death or
95	95	serious injury of a child under the following sections of the Penal
96	96	Code or adjudicated under Title 3, Family Code, for conduct that
97	97	caused the death or serious injury of a child and that would
98	98	constitute a violation of one of the following sections of the Penal
99	99	Code:
100	100	(A) Section 19.02 (murder);
101	101	(B) Section 19.03 (capital murder);
102	102	(C) Section 19.04 (manslaughter);
103	103	(D) Section 21.11 (indecency with a child);
104	104	(E) Section 22.01 (assault);
105	105	(F) Section 22.011 (sexual assault);
106	106	(G) Section 22.02 (aggravated assault);
107	107	(H) Section 22.021 (aggravated sexual assault);
108	108	(I) Section 22.04 (injury to a child, elderly
109	109	individual, or disabled individual);
110	110	(J) Section 22.041 (abandoning or endangering a
111	111	child, elderly individual, or disabled individual);
112	112	(K) Section 25.02 (prohibited sexual conduct);
113	113	(L) Section 43.25 (sexual performance by a
114	114	child); or
115	115	(M) Section 43.26 (possession or promotion of
116	116	child pornography).
117	117	SECTION 3. Section 161.001(b), Family Code, is amended to
118	118	read as follows:
119	119	(b) The court may order termination of the parent-child
120	120	relationship if the court finds by clear and convincing evidence:
121	121	(1) that the parent has:
122	122	(A) voluntarily left the child alone or in the
123	123	possession of another not the parent and expressed an intent not to
124	124	return;
125	125	(B) voluntarily left the child alone or in the
126	126	possession of another not the parent without expressing an intent
127	127	to return, without providing for the adequate support of the child,
128	128	and remained away for a period of at least three months;
129	129	(C) voluntarily left the child alone or in the
130	130	possession of another without providing adequate support of the
131	131	child and remained away for a period of at least six months;
132	132	(D) knowingly placed or knowingly allowed the
133	133	child to remain in conditions or surroundings which endanger the
134	134	physical or emotional well-being of the child;
135	135	(E) engaged in conduct or knowingly placed the
136	136	child with persons who engaged in conduct which endangers the
137	137	physical or emotional well-being of the child;
138	138	(F) failed to support the child in accordance
139	139	with the parent's ability during a period of one year ending within
140	140	six months of the date of the filing of the petition;
141	141	(G) abandoned the child without identifying the
142	142	child or furnishing means of identification, and the child's
143	143	identity cannot be ascertained by the exercise of reasonable
144	144	diligence;
145	145	(H) voluntarily, and with knowledge of the
146	146	pregnancy, abandoned the mother of the child beginning at a time
147	147	during her pregnancy with the child and continuing through the
148	148	birth, failed to provide adequate support or medical care for the
149	149	mother during the period of abandonment before the birth of the
150	150	child, and remained apart from the child or failed to support the
151	151	child since the birth;
152	152	(I) contumaciously refused to submit to a
153	153	reasonable and lawful order of a court under Subchapter D, Chapter
154	154	261;
155	155	(J) been the major cause of:
156	156	(i) the failure of the child to be enrolled
157	157	in school as required by the Education Code; or
158	158	(ii) the child's absence from the child's
159	159	home without the consent of the parents or guardian for a
160	160	substantial length of time or without the intent to return;
161	161	(K) executed before or after the suit is filed an
162	162	unrevoked or irrevocable affidavit of relinquishment of parental
163	163	rights as provided by this chapter;
164	164	(L) been convicted or has been placed on
165	165	community supervision, including deferred adjudication community
166	166	supervision, for being criminally responsible for the death or
167	167	serious injury of a child under the following sections of the Penal
168	168	Code, or under a law of another jurisdiction that contains elements
169	169	that are substantially similar to the elements of an offense under
170	170	one of the following Penal Code sections, or adjudicated under
171	171	Title 3 for conduct that caused the death or serious injury of a
172	172	child and that would constitute a violation of one of the following
173	173	Penal Code sections:
174	174	(i) Section 19.02 (murder);
175	175	(ii) Section 19.03 (capital murder);
176	176	(iii) Section 19.04 (manslaughter);
177	177	(iv) Section 21.11 (indecency with a
178	178	child);
179	179	(v) Section 22.01 (assault);
180	180	(vi) Section 22.011 (sexual assault);
181	181	(vii) Section 22.02 (aggravated assault);
182	182	(viii) Section 22.021 (aggravated sexual
183	183	assault);
184	184	(ix) Section 22.04 (injury to a child,
185	185	elderly individual, or disabled individual);
186	186	(x) Section 22.041 (abandoning or
187	187	endangering a child, elderly individual, or disabled individual);
188	188	(xi) Section 25.02 (prohibited sexual
189	189	conduct);
190	190	(xii) Section 43.25 (sexual performance by
191	191	a child);
192	192	(xiii) Section 43.26 (possession or
193	193	promotion of child pornography);
194	194	(xiv) Section 21.02 (continuous sexual
195	195	abuse of young child or children);
196	196	(xv) Section 20A.02(a)(7) or (8)
197	197	(trafficking of persons); and
198	198	(xvi) Section 43.05(a)(2) (compelling
199	199	prostitution);
200	200	(M) had his or her parent-child relationship
201	201	terminated with respect to another child based on a finding that the
202	202	parent's conduct was in violation of Paragraph (D) or (E) or
203	203	substantially equivalent provisions of the law of another state;
204	204	(N) constructively abandoned the child who has
205	205	been in the permanent or temporary managing conservatorship of the
206	206	Department of Family and Protective Services for not less than six
207	207	months, and:
208	208	(i) the department has made reasonable
209	209	efforts to return the child to the parent;
210	210	(ii) the parent has not regularly visited
211	211	or maintained significant contact with the child; and
212	212	(iii) the parent has demonstrated an
213	213	inability to provide the child with a safe environment;
214	214	(O) failed to comply with the provisions of a
215	215	court order that specifically established the actions necessary for
216	216	the parent to obtain the return of the child who has been in the
217	217	permanent or temporary managing conservatorship of the Department
218	218	of Family and Protective Services for not less than nine months as a
219	219	result of the child's removal from the parent under Chapter 262 for
220	220	the abuse or neglect of the child;
221	221	(P) used a controlled substance, as defined by
222	222	Chapter 481, Health and Safety Code, in a manner that endangered the
223	223	health or safety of the child, and:
224	224	(i) failed to complete a court-ordered
225	225	substance abuse treatment program; or
226	226	(ii) after completion of a court-ordered
227	227	substance abuse treatment program, continued to abuse a controlled
228	228	substance;
229	229	(Q) knowingly engaged in criminal conduct that
230	230	has resulted in the parent's:
231	231	(i) conviction of an offense; and
232	232	(ii) confinement or imprisonment and
233	233	inability to care for the child for not less than two years from the
234	234	date of filing the petition;
235	235	(R) been the cause of the child being born
236	236	addicted to alcohol or a controlled substance, other than a
237	237	controlled substance legally obtained by prescription;
238	238	(S) voluntarily delivered the child to a
239	239	designated emergency infant care provider under Section 262.302
240	240	without expressing an intent to return for the child;
241	241	(T) been convicted of:
242	242	(i) the murder of the other parent of the
243	243	child under Section 19.02 or 19.03, Penal Code, or under a law of
244	244	another state, federal law, the law of a foreign country, or the
245	245	Uniform Code of Military Justice that contains elements that are
246	246	substantially similar to the elements of an offense under Section
247	247	19.02 or 19.03, Penal Code;
248	248	(ii) criminal attempt under Section 15.01,
249	249	Penal Code, or under a law of another state, federal law, the law of
250	250	a foreign country, or the Uniform Code of Military Justice that
251	251	contains elements that are substantially similar to the elements of
252	252	an offense under Section 15.01, Penal Code, to commit the offense
253	253	described by Subparagraph (i);
254	254	(iii) criminal solicitation under Section
255	255	15.03, Penal Code, or under a law of another state, federal law, the
256	256	law of a foreign country, or the Uniform Code of Military Justice
257	257	that contains elements that are substantially similar to the
258	258	elements of an offense under Section 15.03, Penal Code, of the
259	259	offense described by Subparagraph (i); or
260	260	(iv) the sexual assault of the other parent
261	261	of the child under Section 22.011 or 22.021, Penal Code, or under a
262	262	law of another state, federal law, or the Uniform Code of Military
263	263	Justice that contains elements that are substantially similar to
264	264	the elements of an offense under Section 22.011 or 22.021, Penal
265	265	Code; or
266	266	(U) been placed on community supervision,
267	267	including deferred adjudication community supervision, or another
268	268	functionally equivalent form of community supervision or
269	269	probation, for being criminally responsible for the sexual assault
270	270	of the other parent of the child under Section 22.011 or 22.021,
271	271	Penal Code, or under a law of another state, federal law, or the
272	272	Uniform Code of Military Justice that contains elements that are
273	273	substantially similar to the elements of an offense under Section
274	274	22.011 or 22.021, Penal Code; and
275	275	(2) that termination is in the best interest of the
276	276	child.
277	277	SECTION 4. Section 262.2015(b), Family Code, is amended to
278	278	read as follows:
279	279	(b) The court may find under Subsection (a) that a parent
280	280	has subjected the child to aggravated circumstances if:
281	281	(1) the parent abandoned the child without
282	282	identification or a means for identifying the child;
283	283	(2) the child or another child of the parent is a
284	284	victim of serious bodily injury or sexual abuse inflicted by the
285	285	parent or by another person with the parent's consent;
286	286	(3) the parent has engaged in conduct against the
287	287	child or another child of the parent that would constitute an
288	288	offense under the following provisions of the Penal Code:
289	289	(A) Section 19.02 (murder);
290	290	(B) Section 19.03 (capital murder);
291	291	(C) Section 19.04 (manslaughter);
292	292	(D) Section 21.11 (indecency with a child);
293	293	(E) Section 22.011 (sexual assault);
294	294	(F) Section 22.02 (aggravated assault);
295	295	(G) Section 22.021 (aggravated sexual assault);
296	296	(H) Section 22.04 (injury to a child, elderly
297	297	individual, or disabled individual);
298	298	(I) Section 22.041 (abandoning or endangering a
299	299	child, elderly individual, or disabled individual);
300	300	(J) Section 25.02 (prohibited sexual conduct);
301	301	(K) Section 43.25 (sexual performance by a
302	302	child);
303	303	(L) Section 43.26 (possession or promotion of
304	304	child pornography);
305	305	(M) Section 21.02 (continuous sexual abuse of
306	306	young child or children);
307	307	(N) Section 43.05(a)(2) (compelling
308	308	prostitution); or
309	309	(O) Section 20A.02(a)(7) or (8) (trafficking of
310	310	persons);
311	311	(4) the parent voluntarily left the child alone or in
312	312	the possession of another person not the parent of the child for at
313	313	least six months without expressing an intent to return and without
314	314	providing adequate support for the child;
315	315	(5) the parent's parental rights with regard to
316	316	another child have been involuntarily terminated based on a finding
317	317	that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
318	318	or a substantially equivalent provision of another state's law;
319	319	(6) the parent has been convicted for:
320	320	(A) the murder of another child of the parent and
321	321	the offense would have been an offense under 18 U.S.C. Section
322	322	1111(a) if the offense had occurred in the special maritime or
323	323	territorial jurisdiction of the United States;
324	324	(B) the voluntary manslaughter of another child
325	325	of the parent and the offense would have been an offense under 18
326	326	U.S.C. Section 1112(a) if the offense had occurred in the special
327	327	maritime or territorial jurisdiction of the United States;
328	328	(C) aiding or abetting, attempting, conspiring,
329	329	or soliciting an offense under Paragraph (A) or (B); or
330	330	(D) the felony assault of the child or another
331	331	child of the parent that resulted in serious bodily injury to the
332	332	child or another child of the parent;
333	333	(7) the parent's parental rights with regard to
334	334	another child of the parent have been involuntarily terminated; or
335	335	(8) the parent is required under any state or federal
336	336	law to register with a sex offender registry.
337	337	SECTION 5. Section 250.006(a), Health and Safety Code, is
338	338	amended to read as follows:
339	339	(a) A person for whom the facility or the individual
340	340	employer is entitled to obtain criminal history record information
341	341	may not be employed in a facility or by an individual employer if
342	342	the person has been convicted of an offense listed in this
343	343	subsection:
344	344	(1) an offense under Chapter 19, Penal Code (criminal
345	345	homicide);
346	346	(2) an offense under Chapter 20, Penal Code
347	347	(kidnapping, unlawful restraint, and smuggling of persons);
348	348	(3) an offense under Section 21.02, Penal Code
349	349	(continuous sexual abuse of young child or children), or Section
350	350	21.11, Penal Code (indecency with a child);
351	351	(4) an offense under Section 22.011, Penal Code
352	352	(sexual assault);
353	353	(5) an offense under Section 22.02, Penal Code
354	354	(aggravated assault);
355	355	(6) an offense under Section 22.04, Penal Code (injury
356	356	to a child, elderly individual, or disabled individual);
357	357	(7) an offense under Section 22.041, Penal Code
358	358	(abandoning or endangering a child, elderly individual, or disabled
359	359	individual);
360	360	(8) an offense under Section 22.08, Penal Code (aiding
361	361	suicide);
362	362	(9) an offense under Section 25.031, Penal Code
363	363	(agreement to abduct from custody);
364	364	(10) an offense under Section 25.08, Penal Code (sale
365	365	or purchase of child);
366	366	(11) an offense under Section 28.02, Penal Code
367	367	(arson);
368	368	(12) an offense under Section 29.02, Penal Code
369	369	(robbery);
370	370	(13) an offense under Section 29.03, Penal Code
371	371	(aggravated robbery);
372	372	(14) an offense under Section 21.08, Penal Code
373	373	(indecent exposure);
374	374	(15) an offense under Section 21.12, Penal Code
375	375	(improper relationship between educator and student);
376	376	(16) an offense under Section 21.15, Penal Code
377	377	(improper photography or visual recording);
378	378	(17) an offense under Section 22.05, Penal Code
379	379	(deadly conduct);
380	380	(18) an offense under Section 22.021, Penal Code
381	381	(aggravated sexual assault);
382	382	(19) an offense under Section 22.07, Penal Code
383	383	(terroristic threat);
384	384	(20) an offense under Section 32.53, Penal Code
385	385	(exploitation of child, elderly individual, or disabled
386	386	individual);
387	387	(21) an offense under Section 33.021, Penal Code
388	388	(online solicitation of a minor);
389	389	(22) an offense under Section 34.02, Penal Code (money
390	390	laundering);
391	391	(23) an offense under Section 35A.02, Penal Code
392	392	(Medicaid fraud);
393	393	(24) an offense under Section 36.06, Penal Code
394	394	(obstruction or retaliation);
395	395	(25) an offense under Section 42.09, Penal Code
396	396	(cruelty to livestock animals), or under Section 42.092, Penal Code
397	397	(cruelty to nonlivestock animals); or
398	398	(26) a conviction under the laws of another state,
399	399	federal law, or the Uniform Code of Military Justice for an offense
400	400	containing elements that are substantially similar to the elements
401	401	of an offense listed by this subsection.
402	402	SECTION 6. Section 301.4535(a), Occupations Code, is
403	403	amended to read as follows:
404	404	(a) The board shall suspend a nurse's license or refuse to
405	405	issue a license to an applicant on proof that the nurse or applicant
406	406	has been initially convicted of:
407	407	(1) murder under Section 19.02, Penal Code, capital
408	408	murder under Section 19.03, Penal Code, or manslaughter under
409	409	Section 19.04, Penal Code;
410	410	(2) kidnapping or unlawful restraint under Chapter 20,
411	411	Penal Code, and the offense was punished as a felony or state jail
412	412	felony;
413	413	(3) sexual assault under Section 22.011, Penal Code;
414	414	(4) aggravated sexual assault under Section 22.021,
415	415	Penal Code;
416	416	(5) continuous sexual abuse of young child or children
417	417	under Section 21.02, Penal Code, or indecency with a child under
418	418	Section 21.11, Penal Code;
419	419	(6) aggravated assault under Section 22.02, Penal
420	420	Code;
421	421	(7) intentionally, knowingly, or recklessly injuring
422	422	a child, elderly individual, or disabled individual under Section
423	423	22.04, Penal Code;
424	424	(8) intentionally, knowingly, or recklessly
425	425	abandoning or endangering a child, elderly individual, or disabled
426	426	individual under Section 22.041, Penal Code;
427	427	(9) aiding suicide under Section 22.08, Penal Code,
428	428	and the offense was punished as a state jail felony;
429	429	(10) an offense involving a violation of certain court
430	430	orders or conditions of bond under Section 25.07, 25.071, or
431	431	25.072, Penal Code, punished as a felony;
432	432	(11) an agreement to abduct a child from custody under
433	433	Section 25.031, Penal Code;
434	434	(12) the sale or purchase of a child under Section
435	435	25.08, Penal Code;
436	436	(13) robbery under Section 29.02, Penal Code;
437	437	(14) aggravated robbery under Section 29.03, Penal
438	438	Code;
439	439	(15) an offense for which a defendant is required to
440	440	register as a sex offender under Chapter 62, Code of Criminal
441	441	Procedure; or
442	442	(16) an offense under the law of another state,
443	443	federal law, or the Uniform Code of Military Justice that contains
444	444	elements that are substantially similar to the elements of an
445	445	offense listed in this subsection.
446	446	SECTION 7. The changes in law made by this Act apply only to
447	447	an offense committed on or after the effective date of this Act. An
448	448	offense committed before the effective date of this Act is governed
449	449	by the law in effect on the date the offense was committed, and the
450	450	former law is continued in effect for that purpose. For purposes of
451	451	this section, an offense was committed before the effective date of
452	452	this Act if any element of the offense was committed before that
453	453	date.
454	454	SECTION 8. This Act takes effect September 1, 2019.