SRC-JJJ H.B. 628 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 628
By: Hope (Shapiro)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

Currently, a person who has knowledge of an act of aggravated sexual
assault of a child is not required by law to inform a peace officer or law
enforcement agency. H.B. 628 would create an offense for failing to stop or
report the aggravated assault of a child. 

PURPOSE

As proposed, H.B. 628 creates an offense for failing to stop or report the
aggravated assault of a child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.17, as
follows:  

Sec. 38.17.  FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.
Establishes that a person, other than a person who has a legal or statutory
duty to act or who has assumed care, custody, or control of a child,
commits an offense, if the actor observes the commission or attempted
commission of certain prohibited offenses or the actor fails to assist the
child or immediately report the commission of the offense to a peace
officer or law enforcement agency, and  the actor could have assisted the
child or intervened without being placed in danger of suffering serious
bodily injury or death.  Provides that an offense under this section is a
Class A misdemeanor.   

SECTION 2. Effective date: September 1, 1999.

SECTION 3. Emergency clause.