By Hope, et al.                                        H.B. No. 628
         76R2960 GWK-D                           
                                A BILL TO BE ENTITLED
 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.