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. 1-35 * * * * *