SRC-BWC S.B. 1313 77(R) BILL ANALYSIS Senate Research Center S.B. 1313 77R7527 JMC-DBy: Staples Criminal Justice 3/30/2001 As Filed DIGEST AND PURPOSE Currently, there is a loophole in state law that does not allow for the prosecution of an individual who observes the commission of a felony but fails to report it to a peace officer or a law enforcement agency. As proposed, S.B. 1313 makes the failure to report the commission of a felony offense a Class A misdemeanor. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.18, as follows: Sec. 38.18. FAILURE TO REPORT FELONY. Provides that a person who is 14 years of age or older commits a Class A misdemeanor if the actor: _observes the commission of a felony under circumstances in which a reasonable person would believe that an offense of a serious nature had been committed; _fails to immediately report the commission of the offense to a peace officer or law enforcement agency; and _could immediately report the commission of the offense without placing the actor in danger of suffering serious bodily injury or death. SECTION 2. Effective date: September 1, 2001.