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.