88(R) HB 2187 - Enrolled version (original) (raw)

AN ACT

relating to the criminal offense of abandoning or endangering a

child, elderly individual, or disabled individual.

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

SECTION 1. Section 22.041, Penal Code, is amended to read as

follows:

Sec. 22.041. ABANDONING OR ENDANGERING A CHILD, ELDERLY

INDIVIDUAL, OR DISABLED INDIVIDUAL. (a) In this section:

(1) "Abandon"[~~, "abandon"~~] means to leave [~~a child~~] in

any place without providing reasonable and necessary care a [~~for~~

~~the~~] child, elderly individual, or disabled individual under

circumstances under which no reasonable, similarly situated person

[~~adult~~] would leave a child or individual of that age and ability.

(2) "Child," "elderly individual," and "disabled

individual" have the meanings assigned by Section 22.04.

(b) A person commits an offense if the person, having

custody, care, or control of a child, elderly individual, or

disabled individual [~~younger than 15 years~~], [he] intentionally

abandons the child or individual in any place under circumstances

that expose the child or individual to an unreasonable risk of harm.

intentionally, knowingly, recklessly, or with criminal negligence,

by act or omission, engages in conduct that places a child, elderly

individual, or disabled individual [~~younger than 15 years~~] in

imminent danger of death, bodily injury, or physical or mental

impairment.

(c-1) For purposes of Subsection (c), it is presumed that a

person engaged in conduct that places a child, elderly individual,

or disabled individual in imminent danger of death, bodily injury,

or physical or mental impairment if:

(1) the person manufactured, possessed, or in any way

introduced into the body of any person the controlled substance

methamphetamine in the presence of the child, elderly individual,

or disabled individual;

(2) the person's conduct related to the proximity or

accessibility of the controlled substance methamphetamine to the

child, elderly individual, or disabled individual and an analysis

of a specimen of the child's or individual's blood, urine, or other

bodily substance indicates the presence of methamphetamine in the

body of the child or individual [~~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, or Penalty Group 1-B,

Section 481.1022, 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.

(d) Except as provided by Subsection (e), an offense under

Subsection (b) is:

(1) a state jail felony if the actor abandoned the

child, elderly individual, or disabled individual with intent to

return for the child or individual; or

(2) a felony of the third degree if the actor abandoned

the child, elderly individual, or disabled individual without

intent to return for the child or individual.

(e) An offense under Subsection (b) is a felony of the

second degree if the actor abandons the child, elderly individual,

or disabled individual under circumstances that a reasonable person

would believe would place the child or individual in imminent

danger of death, bodily injury, or physical or mental impairment.

(f) An offense under Subsection (c) is a state jail felony.

(g) It is a defense to prosecution under Subsection (c) that

the act or omission enables the child, elderly individual, or

disabled individual to practice for or participate in an organized

athletic event and that appropriate safety equipment and procedures

are employed in the event.

(h) It is an exception to the application of this section

for abandoning or endangering a child that the actor voluntarily

delivered the child to a designated emergency infant care provider

under Section 262.302, Family Code.

SECTION 2. Article 12.01, Code of Criminal Procedure, is

amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Article 12.03,

felony indictments may be presented within these limits, and not

afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2),

Penal Code, or aggravated sexual assault under Section

22.021(a)(1)(B), Penal Code;

(i) during the investigation of the offense

biological matter is collected and the matter:

(a) has not yet been subjected to

forensic DNA testing; or

(b) has been subjected to forensic DNA

testing and the testing results show that the matter does not match

the victim or any other person whose identity is readily

ascertained; or

(ii) probable cause exists to believe that

the defendant has committed the same or a similar sex offense

against five or more victims;

(D) continuous sexual abuse of young child or

disabled individual under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11,

Penal Code;

(F) an offense involving leaving the scene of an

accident under Section 550.021, Transportation Code, if the

accident resulted in the death of a person;

(G) trafficking of persons under Section

20A.02(a)(7) or (8), Penal Code;

(H) continuous trafficking of persons under

Section 20A.03, Penal Code; or

(I) compelling prostitution under Section

43.05(a)(2), Penal Code;

(2) ten years from the date of the commission of the

offense:

(A) theft of any estate, real, personal or mixed,

by an executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government

property over which the public servant exercises control in the

public servant's official capacity;

forged instruments;

(D) injury to an elderly or disabled individual

punishable as a felony of the first degree under Section 22.04,

Penal Code;

(E) sexual assault, except as provided by

Subdivision (1) or (7);

(F) arson;

(G) trafficking of persons under Section

20A.02(a)(1), (2), (3), or (4), Penal Code; or

(H) compelling prostitution under Section

43.05(a)(1), Penal Code;

(3) seven years from the date of the commission of the

offense:

(A) misapplication of fiduciary property or

property of a financial institution;

(B) fraudulent securing of document execution;

Code;

(D) false statement to obtain property or credit

under Section 32.32, Penal Code;

(E) money laundering;

(F) credit card or debit card abuse under Section

32.31, Penal Code;

(G) fraudulent use or possession of identifying

information under Section 32.51, Penal Code;

(H) exploitation of a child, elderly individual,

or disabled individual under Section 32.53, Penal Code;

(I) health care fraud under Section 35A.02, Penal

Code; or

(J) bigamy under Section 25.01, Penal Code,

except as provided by Subdivision (6);

(4) five years from the date of the commission of the

offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5),

kidnapping or burglary;

that is not punishable as a felony of the first degree under Section

22.04, Penal Code;

(D) abandoning or endangering a child, elderly

individual, or disabled individual; or

(E) insurance fraud;

(5) if the investigation of the offense shows that the

victim is younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one of

the following offenses:

(A) sexual performance by a child under Section

43.25, Penal Code;

(B) aggravated kidnapping under Section

20.04(a)(4), Penal Code, if the defendant committed the offense

with the intent to violate or abuse the victim sexually; or

the offense is punishable under Subsection (d) of that section and

the defendant committed the offense with the intent to commit an

offense described by Subdivision (1)(B) or (D) of this article or

Paragraph (B) of this subdivision;

(6) ten years from the 18th birthday of the victim of

the offense:

(A) trafficking of persons under Section

20A.02(a)(5) or (6), Penal Code;

(B) injury to a child under Section 22.04, Penal

Code; or

the investigation of the offense shows that the person, other than

the legal spouse of the defendant, whom the defendant marries or

purports to marry or with whom the defendant lives under the

appearance of being married is younger than 18 years of age at the

time the offense is committed;

(7) two years from the date the offense was

discovered: sexual assault punishable as a state jail felony under

Section 22.011(f)(2), Penal Code; or

(8) three years from the date of the commission of the

offense: all other felonies.

SECTION 3. Section 201.062(a), Estates Code, is amended to

read as follows:

(a) A probate court may enter an order declaring that the

parent of a child under 18 years of age may not inherit from or

through the child under the laws of descent and distribution if the

court finds by clear and convincing evidence that the parent has:

(1) voluntarily abandoned and failed to support the

child in accordance with the parent's obligation or ability for at

least three years before the date of the child's death, and did not

resume support for the child before that date;

(2) voluntarily and with knowledge of the pregnancy:

(A) abandoned the child's mother beginning at a

time during her pregnancy with the child and continuing through the

birth;

(B) failed to provide adequate support or medical

care for the mother during the period of abandonment before the

child's birth; and

child since birth; or

(3) been convicted or has been placed on community

supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code or adjudicated under Title 3, Family Code, for conduct that

caused the death or serious injury of a child and that would

constitute a violation of one of the following sections of the Penal

Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(D) Section 21.11 (indecency with a child);

(E) Section 22.01 (assault);

(F) Section 22.011 (sexual assault);

(G) Section 22.02 (aggravated assault);

(H) Section 22.021 (aggravated sexual assault);

(I) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(J) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

(K) Section 25.02 (prohibited sexual conduct);

(L) Section 43.25 (sexual performance by a

child); or

(M) Section 43.26 (possession or promotion of

child pornography).

SECTION 4. Section 1104.353(b), Estates Code, is amended to

read as follows:

(b) It is presumed to be not in the best interests of a ward

or incapacitated person to appoint as guardian of the ward or

incapacitated person a person who has been finally convicted of:

(1) any sexual offense, including sexual assault,

aggravated sexual assault, and prohibited sexual conduct;

(2) aggravated assault;

(3) injury to a child, elderly individual, or disabled

individual;

(4) abandoning or endangering a child, elderly

individual, or disabled individual;

(5) terroristic threat; or

(6) continuous violence against the family of the ward

or incapacitated person.

SECTION 5. Section 161.001(b), Family Code, is amended to

read as follows:

(b) The court may order termination of the parent-child

relationship if the court finds by clear and convincing evidence:

(1) that the parent has:

(A) voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

(B) voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

possession of another without providing adequate support of the

child and remained away for a period of at least six months;

(D) knowingly placed or knowingly allowed the

child to remain in conditions or surroundings which endanger the

physical or emotional well-being of the child;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

(F) failed to support the child in accordance

with the parent's ability during a period of one year ending within

six months of the date of the filing of the petition;

(G) abandoned the child without identifying the

child or furnishing means of identification, and the child's

identity cannot be ascertained by the exercise of reasonable

diligence;

(H) voluntarily, and with knowledge of the

pregnancy, abandoned the mother of the child beginning at a time

during her pregnancy with the child and continuing through the

birth, failed to provide adequate support or medical care for the

mother during the period of abandonment before the birth of the

child, and remained apart from the child or failed to support the

child since the birth;

(I) contumaciously refused to submit to a

reasonable and lawful order of a court under Subchapter D, Chapter

261;

(J) been the major cause of:

(i) the failure of the child to be enrolled

in school as required by the Education Code; or

(ii) the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

(K) executed before or after the suit is filed an

unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

(L) been convicted or has been placed on

community supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code, or under a law of another jurisdiction that contains elements

that are substantially similar to the elements of an offense under

one of the following Penal Code sections, or adjudicated under

Title 3 for conduct that caused the death or serious injury of a

child and that would constitute a violation of one of the following

Penal Code sections:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii) Section 19.04 (manslaughter);

(iv) Section 21.11 (indecency with a

child);

(v) Section 22.01 (assault);

(vi) Section 22.011 (sexual assault);

(vii) Section 22.02 (aggravated assault);

(viii) Section 22.021 (aggravated sexual

assault);

(ix) Section 22.04 (injury to a child,

elderly individual, or disabled individual);

(x) Section 22.041 (abandoning or

endangering a child, elderly individual, or disabled individual);

(xi) Section 25.02 (prohibited sexual

conduct);

(xii) Section 43.25 (sexual performance by

a child);

(xiii) Section 43.26 (possession or

promotion of child pornography);

(xiv) Section 21.02 (continuous sexual

abuse of young child or disabled individual);

(xv) Section 20A.02(a)(7) or (8)

(trafficking of persons); and

(xvi) Section 43.05(a)(2) (compelling

prostitution);

(M) had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

(N) constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services for not less than six

months, and:

(i) the department has made reasonable

efforts to return the child to the parent;

(ii) the parent has not regularly visited

or maintained significant contact with the child; and

(iii) the parent has demonstrated an

inability to provide the child with a safe environment;

(O) failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child;

(P) used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, and:

(i) failed to complete a court-ordered

substance abuse treatment program; or

(ii) after completion of a court-ordered

substance abuse treatment program, continued to abuse a controlled

substance;

(Q) knowingly engaged in criminal conduct that

has resulted in the parent's:

(i) conviction of an offense; and

(ii) confinement or imprisonment and

inability to care for the child for not less than two years from the

date of filing the petition;

(R) been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription;

(S) voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child;

(T) been convicted of:

(i) the murder of the other parent of the

child under Section 19.02 or 19.03, Penal Code, or under a law of

another state, federal law, the law of a foreign country, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

19.02 or 19.03, Penal Code;

(ii) criminal attempt under Section 15.01,

Penal Code, or under a law of another state, federal law, the law of

a foreign country, or the Uniform Code of Military Justice that

contains elements that are substantially similar to the elements of

an offense under Section 15.01, Penal Code, to commit the offense

described by Subparagraph (i);

(iii) criminal solicitation under Section

15.03, Penal Code, or under a law of another state, federal law, the

law of a foreign country, or the Uniform Code of Military Justice

that contains elements that are substantially similar to the

elements of an offense under Section 15.03, Penal Code, of the

offense described by Subparagraph (i); or

(iv) the sexual assault of the other parent

of the child under Section 22.011 or 22.021, Penal Code, or under a

law of another state, federal law, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 22.011 or 22.021, Penal

Code; or

(U) been placed on community supervision,

including deferred adjudication community supervision, or another

functionally equivalent form of community supervision or

probation, for being criminally responsible for the sexual assault

of the other parent of the child under Section 22.011 or 22.021,

Penal Code, or under a law of another state, federal law, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

22.011 or 22.021, Penal Code; and

(2) that termination is in the best interest of the

child.

SECTION 6. Section 262.2015(b), Family Code, is amended to

read as follows:

(b) The court may find under Subsection (a) that a parent

has subjected the child to aggravated circumstances if:

(1) the parent abandoned the child without

identification or a means for identifying the child;

(2) the child or another child of the parent is a

victim of serious bodily injury or sexual abuse inflicted by the

parent or by another person with the parent's consent;

(3) the parent has engaged in conduct against the

child or another child of the parent that would constitute an

offense under the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(D) Section 21.11 (indecency with a child);

(E) Section 22.011 (sexual assault);

(F) Section 22.02 (aggravated assault);

(G) Section 22.021 (aggravated sexual assault);

(H) Section 22.04 (injury to a child, elderly

individual, or disabled individual);

(I) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

(J) Section 25.02 (prohibited sexual conduct);

(K) Section 43.25 (sexual performance by a

child);

(L) Section 43.26 (possession or promotion of

child pornography);

(M) Section 21.02 (continuous sexual abuse of

young child or disabled individual);

(N) Section 43.05(a)(2) (compelling

prostitution); or

(O) Section 20A.02(a)(7) or (8) (trafficking of

persons);

(4) the parent voluntarily left the child alone or in

the possession of another person not the parent of the child for at

least six months without expressing an intent to return and without

providing adequate support for the child;

(5) the parent has been convicted for:

(A) the murder of another child of the parent and

the offense would have been an offense under 18 U.S.C. Section

1111(a) if the offense had occurred in the special maritime or

territorial jurisdiction of the United States;

(B) the voluntary manslaughter of another child

of the parent and the offense would have been an offense under 18

U.S.C. Section 1112(a) if the offense had occurred in the special

maritime or territorial jurisdiction of the United States;

or soliciting an offense under Paragraph (A) or (B); or

(D) the felony assault of the child or another

child of the parent that resulted in serious bodily injury to the

child or another child of the parent; or

(6) the parent is required under any state or federal

law to register with a sex offender registry.

SECTION 7. Section 250.006(a), Health and Safety Code, is

amended to read as follows:

(a) A person for whom the facility or the individual

employer is entitled to obtain criminal history record information

may not be employed in a facility or by an individual employer if

the person has been convicted of an offense listed in this

subsection:

(1) an offense under Chapter 19, Penal Code (criminal

homicide);

(2) an offense under Chapter 20, Penal Code

(kidnapping, unlawful restraint, and smuggling of persons);

(3) an offense under Section 21.02, Penal Code

(continuous sexual abuse of young child or disabled individual), or

Section 21.11, Penal Code (indecency with a child);

(4) an offense under Section 22.011, Penal Code

(sexual assault);

(5) an offense under Section 22.02, Penal Code

(aggravated assault);

(6) an offense under Section 22.04, Penal Code (injury

to a child, elderly individual, or disabled individual);

(7) an offense under Section 22.041, Penal Code

(abandoning or endangering a child, elderly individual, or disabled

individual);

(8) an offense under Section 22.08, Penal Code (aiding

suicide);

(9) an offense under Section 25.031, Penal Code

(agreement to abduct from custody);

(10) an offense under Section 25.08, Penal Code (sale

or purchase of child);

(11) an offense under Section 28.02, Penal Code

(arson);

(12) an offense under Section 29.02, Penal Code

(robbery);

(13) an offense under Section 29.03, Penal Code

(aggravated robbery);

(14) an offense under Section 21.08, Penal Code

(indecent exposure);

(15) an offense under Section 21.12, Penal Code

(improper relationship between educator and student);

(16) an offense under Section 21.15, Penal Code

(invasive visual recording);

(17) an offense under Section 22.05, Penal Code

(deadly conduct);

(18) an offense under Section 22.021, Penal Code

(aggravated sexual assault);

(19) an offense under Section 22.07, Penal Code

(terroristic threat);

(20) an offense under Section 32.53, Penal Code

(exploitation of child, elderly individual, or disabled

individual);

(21) an offense under Section 33.021, Penal Code

(online solicitation of a minor);

(22) an offense under Section 34.02, Penal Code (money

laundering);

(23) an offense under Section 35A.02, Penal Code

(health care fraud);

(24) an offense under Section 36.06, Penal Code

(obstruction or retaliation);

(25) an offense under Section 42.09, Penal Code

(cruelty to livestock animals), or under Section 42.092, Penal Code

(cruelty to nonlivestock animals); or

(26) a conviction under the laws of another state,

federal law, or the Uniform Code of Military Justice for an offense

containing elements that are substantially similar to the elements

of an offense listed by this subsection.

SECTION 8. Section 301.4535(a), Occupations Code, is

amended to read as follows:

(a) The board shall suspend a nurse's license or refuse to

issue a license to an applicant on proof that the nurse or applicant

has been initially convicted of:

(1) murder under Section 19.02, Penal Code, capital

murder under Section 19.03, Penal Code, or manslaughter under

Section 19.04, Penal Code;

(2) kidnapping or unlawful restraint under Chapter 20,

Penal Code, and the offense was punished as a felony or state jail

felony;

(3) sexual assault under Section 22.011, Penal Code;

(4) aggravated sexual assault under Section 22.021,

Penal Code;

(5) continuous sexual abuse of young child or disabled

individual under Section 21.02, Penal Code, or indecency with a

child under Section 21.11, Penal Code;

(6) aggravated assault under Section 22.02, Penal

Code;

(7) intentionally, knowingly, or recklessly injuring

a child, elderly individual, or disabled individual under Section

22.04, Penal Code;

(8) intentionally, knowingly, or recklessly

abandoning or endangering a child, elderly individual, or disabled

individual under Section 22.041, Penal Code;

(9) aiding suicide under Section 22.08, Penal Code,

and the offense was punished as a state jail felony;

(10) an offense involving a violation of certain court

orders or conditions of bond under Section 25.07, 25.071, or

25.072, Penal Code, punished as a felony;

(11) an agreement to abduct a child from custody under

Section 25.031, Penal Code;

(12) the sale or purchase of a child under Section

25.08, Penal Code;

(13) robbery under Section 29.02, Penal Code;

(14) aggravated robbery under Section 29.03, Penal

Code;

(15) an offense for which a defendant is required to

Procedure; or

(16) an offense under the law of another state,

federal law, or the Uniform Code of Military Justice that contains

elements that are substantially similar to the elements of an

offense listed in this subsection.

SECTION 9. The changes in law made by this Act apply 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 was committed before that

date.

SECTION 10. This Act takes effect September 1, 2023.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 2187 was passed by the House on May 9,

2023, by the following vote: Yeas 140, Nays 2, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 2187 was passed by the Senate on May

24, 2023, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor