HB1983 - Relating to creating the criminal offense of child endangerment involving smuggling across an international border.

  89R8818 JSC-D     By: Hickland H.B. No. 1983       A BILL TO BE ENTITLED   AN ACT   relating to creating the criminal offense of child endangerment   involving smuggling across an international border.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 22, Penal Code, is amended by adding   Section 22.042 to read as follows:           Sec.   22.042.     CHILD ENDANGERMENT INVOLVING SMUGGLING ACROSS   INTERNATIONAL BORDER. (a)   In this section:                 (1)     "Abandon" means to leave in any place without   providing reasonable and necessary care a child under circumstances   under which no reasonable, similarly situated person would leave a   child of that age and ability.                 (2)     "Child" means a person younger than 18 years of   age.           (b)  A person commits an offense if:                 (1)     the person is a parent of a child or is a guardian,   conservator, or other legal custodian of a child;                 (2)     the person knowingly pays, contracts with, or   otherwise engages an individual or organization for the purpose of   transporting the child across an international border in violation   of any federal or state law; and                 (3)     the child, as a result of the transportation   arrangement, is:                       (A)     found by state or federal law enforcement,   including the United States Border Patrol, to be not in the physical   custody of any parent or of any guardian, conservator, or other   custodian of the child;                       (B)     subjected to conditions that place the   child's physical or mental health at substantial risk of harm; or                       (C)     abandoned, exploited, or otherwise   endangered.           (c)     An offense under this section is a state jail felony   unless it is shown on the trial of the offense that:                 (1)     the child suffered serious bodily injury, in which   event the offense is a felony of the second degree; or                 (2)     the child died as a result of the conduct described   by Subsection (b), in which event the offense is a felony of the   first degree.           (d)     It is not a defense to prosecution under this section   that:                 (1)     the actor believed the conduct was necessary for   the child's safety or well-being; or                 (2)     the individual or organization described by   Subsection (b)(2) acted independently of the actor in abandoning,   exploiting, or otherwise endangering the child.           (e)     If conduct constituting an offense under this section   also constitutes an offense under another section of this code, the   actor may be prosecuted under either section or under both   sections.          SECTION 2.  This Act takes effect September 1, 2025.