Last year, a Williamson County grand jury indicted Kesen Hu, the father of an 18-month-old boy who died when he was left in a car, on two felony accounts of criminally negligent homicide and endangering a child. Hu pleaded guilty to a misdemeanor charge of endangering a child and was sentenced to two years of probation. A Travis County grand jury on Thursday declined to indict an Austin father whose 1-year-old daughter died after he left the baby inside his pickup on a hot day in May. Texas Penal Code - Section 22.041. Abandoning Or Endangering Child § 22.041. ABANDONING OR ENDANGERING CHILD. (a) In this section, "abandon" means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability. (b) A person commits an offense if, having custody, care, or control of a child younger than 15 years, he intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm. (c) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment. (c-1) For purposes of Subsection (c), it is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if the person manufactured the controlled substance methamphetamine in the presence of the child. (d) Except as provided by Subsection (e), an offense under Subsection (b) is: (1) a state jail felony if the actor abandoned the child with intent to return for the child; or (2) a felony of the third degree if the actor abandoned the child without intent to return for the child. (e) An offense under Subsection (b) is a felony of the second degree if the actor abandons the child under circumstances that a reasonable person would believe would place the child in imminent danger of death, bodily injury, or physical or mental impairment. (f) An offense under Subsection (c) is a state jail felony. (g) It is a defense to prosecution under Subsection (c) that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event. (h) It is an exception to the application of this section that the actor voluntarily delivered the child to a designated emergency infant care provider under Section 262.302, Family Code. 5 children have died in Texas, 22 Nationwide. The Section 22 Texas Penal Code is not only subjective in nature, it has many loopholes by using the word "intent". Although I am certain that some of these caregivers did not have the "intention" of leaving the child endangered and abandoned, the code allows for an "emotional plea" of "accidental" death. There are definately situations of accidental death. However, leaving your child behind to suffocate in a hot car is not one of them. As a parent or caregiver of a child, that person should be held accountable, responsible and liable for the death of child in the manner of abandonment in an automobile or any vehicle where the child was a passenger. I stand for this because the person who put the child in the car seat was present and conscience in doing so. The period of travel time to a destination should not "excuse" this person for being "forgetful". Seriously, the State of Texas can actually see this offense as accidental? This petition is to add or change the wording in this Penal Code to include the offense of Leaving a Child under the age of 5 or riding in a belted car seat a Felony offense of Reckless, Negligible and Criminally Abandoning/Endangering a Child. Punishable by Jail. I have purposely left out the word "intention". By doing so, it ups the consequence factor. The vision of this petition is to hold an adult or anyone of age to drive a vehicle ultimately "responsible and accountable" for their under-age passenger, the child without a voice. Please sign this petition to support, promote and change the way Texas protects our children. Thank You Austin J. Nichols

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