1-1 AN ACT 1-2 relating to the creation of the offense of failing to stop or 1-3 report the aggravated sexual assault of a child. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 38, Penal Code, is amended by adding 1-6 Section 38.17 to read as follows: 1-7 Sec. 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL 1-8 ASSAULT OF CHILD. (a) A person, other than a person who has a 1-9 relationship with a child described by Section 22.04(b), commits an 1-10 offense if: 1-11 (1) the actor observes the commission or attempted 1-12 commission of an offense prohibited by Section 22.021(a)(2)(B) 1-13 under circumstances in which a reasonable person would believe that 1-14 an offense of a sexual or assaultive nature was being committed or 1-15 was about to be committed against the child; 1-16 (2) the actor fails to assist the child or immediately 1-17 report the commission of the offense to a peace officer or law 1-18 enforcement agency; and 1-19 (3) the actor could assist the child or immediately 1-20 report the commission of the offense without placing the actor in 1-21 danger of suffering serious bodily injury or death. 1-22 (b) An offense under this section is a Class A misdemeanor. 1-23 SECTION 2. This Act takes effect September 1, 1999. 1-24 SECTION 3. The importance of this legislation and the 2-1 crowded condition of the calendars in both houses create an 2-2 emergency and an imperative public necessity that the 2-3 constitutional rule requiring bills to be read on three several 2-4 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 628 was passed by the House on May 11, 1999, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 628 on May 27, 1999, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 628 on May 30, 1999, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 628 was passed by the Senate, with amendments, on May 26, 1999, by a viva-voce vote; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 628 on May 30, 1999, by a viva-voce vote. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor