| 1 | 1 | | 89R5124 CJD-D |
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| 2 | 2 | | By: Hancock S.B. No. 1234 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to committing the criminal offense of endangering a child, |
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| 10 | 10 | | elderly individual, or disabled individual by engaging in certain |
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| 11 | 11 | | conduct involving a controlled substance listed in Penalty Group |
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| 12 | 12 | | 1-B of the Texas Controlled Substances Act. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 22.041(c-1), Penal Code, is amended to |
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| 15 | 15 | | read as follows: |
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| 16 | 16 | | (c-1) For purposes of Subsection (c), it is presumed that a |
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| 17 | 17 | | person engaged in conduct that places a child, elderly individual, |
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| 18 | 18 | | or disabled individual in imminent danger of death, bodily injury, |
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| 19 | 19 | | or physical or mental impairment if: |
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| 20 | 20 | | (1) the person manufactured, possessed, or in any way |
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| 21 | 21 | | introduced into the body of any person the controlled substance |
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| 22 | 22 | | methamphetamine or a controlled substance listed in Penalty Group |
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| 23 | 23 | | 1-B, Section 481.1022, Health and Safety Code, in the presence of |
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| 24 | 24 | | the child, elderly individual, or disabled individual; |
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| 25 | 25 | | (2) the person's conduct related to the proximity or |
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| 26 | 26 | | accessibility of the controlled substance methamphetamine or a |
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| 27 | 27 | | controlled substance listed in Penalty Group 1-B, Section 481.1022, |
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| 28 | 28 | | Health and Safety Code, to the child, elderly individual, or |
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| 29 | 29 | | disabled individual and an analysis of a specimen of the child's or |
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| 30 | 30 | | individual's blood, urine, or other bodily substance indicates the |
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| 31 | 31 | | presence of methamphetamine or a controlled substance listed in |
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| 32 | 32 | | Penalty Group 1-B in the body of the child or individual; or |
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| 33 | 33 | | (3) the person injected, ingested, inhaled, or |
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| 34 | 34 | | otherwise introduced a controlled substance listed in Penalty Group |
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| 35 | 35 | | 1, Section 481.102, Health and Safety Code, or Penalty Group 1-B, |
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| 36 | 36 | | Section 481.1022, Health and Safety Code, into the human body when |
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| 37 | 37 | | the person was not in lawful possession of the substance as defined |
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| 38 | 38 | | by Section 481.002(24) of that code. |
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| 39 | 39 | | SECTION 2. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2025. |
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