FORNEY, Texas — State Representative Keith Bell, R-Forney, has filed House Bill 1261 to address a gap in criminal liability in the Texas Penal Code to those who expose children to dangerous drugs, such as crack cocaine.
FORNEY, Texas — State Representative Keith Bell, R-Forney, has filed House Bill 1261 to address a gap in criminal liability in the Texas Penal Code to those who expose children to dangerous drugs, such as crack cocaine.
According to Bell, as written, there is a gap in the Texas Penal Code that allows persons who expose their children to Penalty Group 1 drugs to escape a presumption that they have placed their children in danger of death, bodily injury, or mental and physical impairment. Specifically, he says, the Texas Penal Code allows for the presumption for persons using methamphetamine but not other dangerous drugs, such as crack cocaine.
"This is unacceptable and it prevents the prosecution of persons who are harming children through exposure to dangerous drugs," stated Bell.
"The fact that under the law as it is currently written, a child being exposed to methamphetamine and a child being exposed to crack cocaine are viewed as separate offenses, just doesn’t make practical sense," he said. "People exposing children to drugs need to be prosecuted to the fullest-extent of the law."
According to a press release issued by Bell's office earlier today, he has garnered support from local judges and prosecutors and has received an enthusiastic response while discussing the bill to various child advocacy groups — an issue he holds as a top priority because children, born and unborn, often cannot advocate for themselves.
"There is no reason the law should treat people exposing children to methamphetamine and crack cocaine differently, when the damage done to a child is the same." stated Bell.
House Bill 1261 was filed on January 31, 2019. To read the complete bill or track its progress, click here.
