SB 1369

85(R) - 2017
Senate Criminal Justice
Senate Criminal Justice
Criminal Procedure

Companion Bill

HB 3019

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Jose Menendez

Bill Caption

Relating to the prosecution for the offense of injury to a child, elderly individual, or disabled individual. 

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would include “mental illness” as it is defined in the Health and Safety code to the existing definition of “disabled individual” found in the penal code. In addition, it would bolster the existing law that prohibits the intentional, reckless, or criminally negligent injury of a person living in certain care facilities. Under current law, there is a list of facilities at which the punishment for injury to a child, an elderly individual, or a disabled individual is enhanced if the actor is an employee, owner, or operator of the facility. This bill would add a “boarding home facility” and intermediate care facilities that assist individuals with intellectual or developmental disabilities to the list of places where this conduct would result in a felony offense. 

Vote Recommendation Notes

It is proper role of government to protect the rights of all, including potentially vulnerable individuals living in facilities where someone has authority over them. We typically do not support automatic sentence enhancements; but, as this bill currently reads it would merely extend existing enhancements to cover boarding schools and facilities that provide services to individuals with disabilities. For this reason we will remain neutral.

Organizations Supporting

Disability Rights Texas
Mental Health America of Texas
National Alliance on Mental Illness (NAMI) Texas