1-1     By:  Hope, et al. (Senate Sponsor - Shapiro)           H.B. No. 628
 1-2           (In the Senate - Received from the House May 11, 1999;
 1-3     May 12, 1999, read first time and referred to Committee on Criminal
 1-4     Justice; May 14, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the creation of the offense of failing to stop or
 1-9     report the aggravated sexual assault of a child.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.   Chapter 38, Penal Code, is amended by adding
1-12     Section 38.17 to read as follows:
1-13           Sec. 38.17.  FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL
1-14     ASSAULT OF CHILD.  (a)  A person, other than a person who has  a
1-15     relationship with a child described by Section 22.04(b), commits an
1-16     offense if:
1-17                 (1)  the actor observes the commission  or attempted
1-18     commission of an  offense prohibited by Section 22.021(a)(2)(B)
1-19     under circumstances in which a reasonable person would believe that
1-20     an offense of a sexual or assaultive nature was being committed or
1-21     was about to be committed against the child;
1-22                 (2)  the actor fails to assist the child or immediately
1-23     report the commission of the offense to a peace officer or law
1-24     enforcement agency; and
1-25                 (3)  the actor could assist the child or immediately
1-26     report the commission of the offense without placing the actor in
1-27     danger of suffering serious bodily injury or death.
1-28           (b)  An offense under this section is a Class A misdemeanor.
1-29           SECTION 2.   This Act takes effect September 1, 1999.
1-30           SECTION 3.   The importance of this legislation and the
1-31     crowded condition of the calendars in both houses create an
1-32     emergency and an imperative public necessity that the
1-33     constitutional rule requiring bills to be read on three several
1-34     days in each house be suspended, and this rule is hereby suspended.
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