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.