| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the failure to report child abuse or neglect; |
|
|
increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 261.109(c), Family Code, is amended to |
|
|
read as follows: |
|
|
(c) An offense under Subsection (a-1) is a Class A |
|
|
misdemeanor, except that the offense is a state jail felony if it is |
|
|
shown on the trial of the offense that: |
|
|
(1) the actor intended to conceal the abuse or |
|
|
neglect; or |
|
|
(2) the conduct the actor failed to report: |
|
|
(A) constitutes the offense of: |
|
|
(i) continuous sexual abuse of young child |
|
|
under Section 21.02, Penal Code; |
|
|
(ii) indecency with a child under Section |
|
|
21.11, Penal Code; |
|
|
(iii) sexual assault under Section 22.011, |
|
|
Penal Code; |
|
|
(iv) aggravated sexual assault under |
|
|
Section 22.021, Penal Code; |
|
|
(v) trafficking of persons under Section |
|
|
20A.02(a)(7) or (8), Penal Code; |
|
|
(vi) solicitation of prostitution under |
|
|
Section 43.021, Penal Code; or |
|
|
(vii) compelling prostitution under |
|
|
Section 43.05(a)(2), Penal Code; |
|
|
(B) is compelling or encouraging the child to |
|
|
engage in sexual conduct as defined by Section 43.01, Penal Code; |
|
|
(C) is causing, permitting, encouraging, |
|
|
engaging in, or allowing the photographing, filming, or depicting |
|
|
of the child if the person knew or should have known that the |
|
|
resulting photograph, film, or depiction of the child is obscene as |
|
|
defined by Section 43.21, Penal Code, or pornographic; or |
|
|
(D) is causing, permitting, encouraging, |
|
|
engaging in, or allowing a sexual performance by a child as defined |
|
|
by Section 43.25, Penal Code. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
an offense committed on or after the effective date of this Act. An |
|
|
offense committed before the effective date of this Act is governed |
|
|
by the law in effect on the date the offense was committed, and that |
|
|
law is continued in effect for that purpose. For purposes of this |
|
|
section, an offense was committed before the effective date of this |
|
|
Act if any element of the offense occurred before that date. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |