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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the criminal |
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offense of hindering the investigation or prosecution of certain |
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sexual offenses committed against a child; increasing criminal |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.17, Penal Code, is amended to read as |
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follows: |
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Sec. 38.17. HINDERING INVESTIGATION OR PROSECUTION OF |
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CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES |
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COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section, |
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"sexual offense against a child" means conduct that constitutes an |
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offense under: |
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(1) Section 20A.02(a)(7) or (8) (Trafficking of |
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Persons); |
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(2) Section 20A.03 (Continuous Trafficking of |
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Persons), if the offense is based partly or wholly on conduct that |
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constitutes an offense under Section 20A.02(a)(7) or (8); |
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(3) Section 21.02 (Continuous Sexual Abuse of Young |
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Child or Disabled Individual); |
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(4) Section 21.11(a)(1) (Indecency with a Child); |
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(5) Section 22.011(a)(2) (Sexual Assault of a Child); |
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(6) Section 22.021(a)(1)(B) (Aggravated Sexual |
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Assault of a Child); |
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(7) Section 43.05(a)(2) (Compelling Prostitution); or |
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(8) Section 43.25 (Sexual Performance by a Child). |
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(b) A person 17 years of age or older[, other than a person |
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who has a relationship with a child described by Section 22.04(b),] |
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commits an offense if the person: |
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(1) commits an offense under Section 261.109, Family |
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Code, by failing to report a sexual offense against a child as |
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provided by Chapter 261 of that code [the actor observes the |
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commission or attempted commission of an offense prohibited by |
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Section 21.02 or 22.021(a)(2)(B) under circumstances in which a |
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reasonable person would believe that an offense of a sexual or |
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assaultive nature was being committed or was about to be committed |
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against the child]; and |
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(2) engages in conduct intended to hinder the |
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investigation or prosecution of the sexual offense against a child, |
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including by: |
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(A) altering, destroying, or concealing any |
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record, document, or thing to impair its verity, legibility, or |
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availability as evidence in the investigation or prosecution; |
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(B) interfering with the willingness of a witness |
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to the sexual offense to report that offense to, or cooperate in the |
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investigation or prosecution of the offense with, a law enforcement |
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agency or the Department of Family and Protective Services or |
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otherwise preventing the report by or cooperation of the witness; |
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(C) harboring or concealing the person who |
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committed the sexual offense; |
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(D) providing or aiding in providing the person |
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who committed the sexual offense with a means to avoid |
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investigation or arrest, including by assisting the person in |
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relocating to another area; or |
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(E) providing false information regarding the |
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sexual offense to a law enforcement agency or to the Department of |
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Family and Protective Services [the actor fails to assist the child |
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or immediately report the commission of the offense to a peace |
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officer or law enforcement agency; and |
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[(3) the actor could assist the child or immediately |
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report the commission of the offense without placing the actor in |
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danger of suffering serious bodily injury or death]. |
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(c) [(b)] An offense under this section is a felony of the |
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third degree, except that the offense is a felony of the second |
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degree if: |
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(1) the person who committed the sexual offense |
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against a child commits a subsequent sexual offense against a |
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child; and |
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(2) the actor's failure to report the sexual offense |
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against a child enabled or facilitated the person's commission of |
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the subsequent offense [Class A misdemeanor]. |
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(d) The following information is confidential and not |
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subject to disclosure under Chapter 552, Government Code: |
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(1) the name of the child who is the victim of the |
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sexual offense described by Subsection (b); |
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(2) the name of the actor, until the actor is charged |
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with an offense under this section; and |
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(3) the name of the person whom the actor believes to |
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have committed the sexual offense described by Subsection (b), |
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until the person is charged with the applicable offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2023. |