85(R) HB 3019 - Enrolled version (original) (raw)

AN ACT

relating to the prosecution for the offense of injury to a child,

elderly individual, or disabled individual.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 22.04(a-1) and (i), Penal Code, are

amended to read as follows:

(a-1) A person commits an offense if the person is an owner,

operator, or employee of a group home, nursing facility, assisted

living facility, boarding home facility, intermediate care

facility for persons with an intellectual or developmental

disability [mental retardation], or other institutional care

facility and the person intentionally, knowingly, recklessly, or

with criminal negligence by omission causes to a child, elderly

individual, or disabled individual who is a resident of that group

home or facility:

(1) serious bodily injury;

(2) serious mental deficiency, impairment, or injury;

or

(3) bodily injury.

(i) It is an affirmative defense to prosecution under

Subsection (b)(2) that before the offense the actor:

(1) notified in person the child, elderly individual,

or disabled individual that the actor [he] would no longer provide

any of the care described by Subsection (d),[;] and

[(2)] notified in writing the parents or a person,

other than the actor, [himself] acting in loco parentis to the

child, elderly individual, or disabled individual that the actor

[he] would no longer provide any of the care described by Subsection

(d); or

(2) [(3)] notified in writing the Department of Family

and Protective [and Regulatory] Services that the actor [he] would

no longer provide any of the care described by [set forth in]

Subsection (d).

SECTION 2. Section 22.04(c)(3), Penal Code, is amended to

read as follows:

(3) "Disabled individual" means a person:

(A) with one or more of the following:

(i) autism spectrum disorder, as defined by

Section 1355.001, Insurance Code;

(ii) developmental disability, as defined

by Section 112.042, Human Resources Code;

(iii) intellectual disability, as defined

by Section 591.003, Health and Safety Code;

(iv) severe emotional disturbance, as

defined by Section 261.001, Family Code; [or]

(v) traumatic brain injury, as defined by

Section 92.001, Health and Safety Code; or

(vi) mental illness, as defined by Section

571.003, Health and Safety Code; or

(B) who otherwise by reason of age or physical or

mental disease, defect, or injury is substantially unable to

protect the person's self from harm or to provide food, shelter, or

medical care for the person's self.

SECTION 3. 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 4. This Act takes effect September 1, 2017.

______________________________

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 3019 was passed by the House on May 6,

2017, by the following vote: Yeas 144, Nays 0, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 3019 was passed by the Senate on May

22, 2017, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor