By Carona                                               S.B. No. 80
         76R2235 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of the offense of failing to report
 1-3     certain offenses committed against children.
 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 REPORT OFFENSE AGAINST CHILD.  (a)  A
 1-8     person commits an offense if  the person is  present during the
 1-9     commission of an offense under Section 21.11, 22.011(a)(2), or
1-10     22.021(a)(2)(B), knows that the offense is being committed, and
1-11     fails to report the commission of the offense to a law enforcement
1-12     agency or peace officer as soon as reasonably practicable.
1-13           (b)  It is an exception to the application of this section
1-14     that the actor could not report the commission of an offense listed
1-15     in Subsection (a) without placing the actor, the victim of the
1-16     offense listed in Subsection (a), or any person other than the
1-17     person committing the offense listed in Subsection (a) at risk of
1-18     bodily injury.
1-19           (c)  An offense under this section is a Class B misdemeanor.
1-20           SECTION 2.   This Act takes effect September 1, 1999.
1-21           SECTION 3.   The importance of this legislation and the
1-22     crowded condition of the calendars in both houses create an
1-23     emergency and an imperative public necessity that the
1-24     constitutional rule requiring bills to be read on three several
 2-1     days in each house be suspended, and this rule is hereby suspended.