HBA-KDB H.B. 3582 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3582
By: Davis, John
Criminal Jurisprudence
4/8/2001
Introduced



BACKGROUND AND PURPOSE 

There is concern that nursing home residents, including children, elderly
individuals, and disabled individuals, are subject to abuse and neglect
from nursing home employees.  Increasing criminal penalties for these
offenses may augment personal responsibility for nursing home employees,
which may in turn diminish abuse and neglect.  House Bill 3582 increases
the criminal penalties for certain assaultive offenses for a person who
commits such offenses while a child, elderly individual, or disabled
individual is in the person's care. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3582 amends the Penal Code to include an employee of a nursing
facility, assisted living facility, or intermediate care facility for the
mentally retarded as an actor who has assumed care, custody, or control of
a child, elderly individual, or disabled individual.  The bill increases
from a third degree felony to a second degree felony the penalty for a
person who intentionally or knowingly causes bodily injury to a child,
elderly individual, or disabled individual.  The bill increases from a
state jail felony to a third degree felony the penalty for a person who
recklessly causes bodily injury or causes with criminal negligence serious
bodily injury, serious mental deficiency, impairment, or injury, or bodily
injury to a child, elderly individual, or disabled individual.   

EFFECTIVE DATE

January 1.