The following section is affected by a coordination clause at the end of this bill.

Section 1. Section 76-5-208 is amended to read:76-5-208. Child abuse homicide.(1)(a)As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, or 76-5-114.(b)Terms defined in Section 76-1-101.5 apply to this section.(2)Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:(a)(i)the actor causes the death of another individual who is younger than 18 years old; and(ii)the individual's death results from child abuse; and(b)(i)the child abuse is based on a violation of Section 76-5-109.4, Child Torture;(ii)the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);(iii)the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or(iv)under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).(3)(a)A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) or (ii) is a first degree felony.(b)A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii)(2)(b)(iii) or (iv) is a second degree felony.(4)An individual's death under Subsection (2) includes an individual's suicide if the suicide was a direct or proximate result of the actor's conduct described in Subsection (2)(b).

Section 2. Effective Date.This bill takes effect on May 6, 2026.

Section 3. Coordinating H.B. 138 with S.B. 32.If H.B. 138, Child Abuse Homicide Amendments, and S.B. 32, Child Abuse Homicide Corrections, both pass and become law, the Legislature intends that, on May 6, 2026, Section 76-5-208 be amended to read:"(1)(a) As used in this section, "child abuse" means an offense described in Section 76-5-109, 76-5-109.2, 76-5-109.3, 76-5-109.4, or 76-5-114.(b) Terms defined in Section 76-1-101.5 apply to this section.(2) Unless a violation amounts to aggravated murder as described in Section 76-5-202, an actor commits child abuse homicide if:(a)(i) the actor causes the death of another individual who is younger than 18 years old; and(ii) the individual's death results from child abuse; and(b)(i) the child abuse is based on a violation of Section 76-5-109.4, Child Torture;(ii) (i) the child abuse is done recklessly under Subsection 76-5-109.2(3)(b);(iii)(ii) the child abuse is done with criminal negligence under Subsection 76-5-109.2(3)(c); or(iv)(iii) under circumstances not amounting to the type of child abuse homicide described in Subsection (2)(b)(i), the child abuse is done intentionally, knowingly, recklessly, or with criminal negligence, under Subsection 76-5-109(3)(a), (b), or (c).(3)(a) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(i) is a first degree felony.(b) A violation of Subsection (2) under the circumstances described in Subsection (2)(b)(ii) or (iii) is a second degree felony.(4) An individual's death under Subsection (2) includes an individual's suicide if the suicide was a direct or proximate result of the actor's conduct described in Subsection (2)(b).".