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A BILL TO BE ENTITLED
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AN ACT
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relating to failure to report assault, neglect, or omission of care |
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in certain group homes; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.172 to read as follows: |
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Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR |
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OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) For purposes of this |
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section, "group home" means an establishment that provides, in one |
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or more buildings, lodging to three or more residents who are |
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unrelated by blood or marriage to the owner of the establishment and |
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that provides those residents with community meals, light |
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housework, meal preparation, transportation, grocery shopping, |
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money management, laundry services, or assistance with |
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self-administration of medication but does not provide them with |
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personal care services as defined by Section 247.002, Health and |
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Safety Code. The term does not include an establishment described |
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by Section 260.002, Health and Safety Code. |
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(b) A person commits an offense if the person: |
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(1) has reasonable cause to believe that a resident of |
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a group home has suffered bodily injury due to assault, neglect, or |
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an omission in care; and |
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(2) fails to report that fact to law enforcement or the |
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Department of Family and Protective Services. |
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(c) An offense under this section is a state jail felony. |
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(d) If conduct constituting an offense under this section |
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also constitutes an offense under any other law, the actor may be |
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prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2023. |