C.S.S.B. 827 78(R)    BILL ANALYSIS


C.S.S.B. 827
By: Whitmire
Criminal Jurisprudence
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, it is not a criminal offense if a person abandons or endangers
an elderly or disabled individual, nor is it an offense if a person who
has custody, care, or control of a child, elderly individual, or disabled
individual fails to provide adequate food, medical care, or shelter to
that individual. C.S.S.B. 827 makes these actions criminal offenses. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

C.S.S.B. 827 amends the Penal Code to make it an offense to abandon or
endanger an elderly or disabled individual. Such an offense is a state
jail felony if the person intends to return, a third degree felony if
there is no such intent, or a second degree felony if the abandonment
places the person in imminent danger of death, bodily injury, or physical
or mental impairment.  

Furthermore, it is a second degree felony if a person intentionally fails
to provide food, medical care, or shelter for a child under 15 years of
age, an elderly individual, or a disabled individual. The bill creates a
defense to prosecution for this provision if the actor delivered the child
to a designated emergency infant care provider. In addition, it is also a
defense to prosecution of this provision if the person is a facility
licensed under law other than the Texas Hospital Licensing Law or an
employee of the same and the conduct is permitted in accordance with
relevant state law. 

EFFECTIVE DATE

September 1, 2003.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the engrossed bill by creating a defense to
prosecution for health care facilities and their employees licensed under
law other than the Texas Hospital Licensing Law, provided that the conduct
is permitted in accordance with relevant state law. The substitute also
removes language from the engrossed bill which made engaging in conduct,
with criminal negligence, that places a child younger than 15 years of
age, an elderly individual, or a disabled individual in imminent danger of
death, bodily injury, or physical or mental impairment, a criminal
offense. This change leaves the threshold for committing an offense at
engaging in such conduct intentionally, knowingly, or recklessly.  

In addition, the substitute removes language proposed in the engrossed
bill which created an affirmative defense to prosecution for failing to
act or abandoning individuals, provided that the act or omission was based
on treatment in accordance with a recognized method of religious healing
that has a generally accepted record of efficacy.