Hickland Child Endangerment Bill Needs No Danger To The Child

The text as introduced · 403 words

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.