SRC-BWC C.S.S.B. 1313 77(R)    BILL ANALYSIS


Senate Research CenterC.S.S.B. 1313
77R14100 JMC-DBy: Staples
Criminal Justice
4-26-2001
Committee Report (Substituted)


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.
C.S.S.B. 1313 makes the failure to report the commission of certain  felony
offenses which may result in serious bodily injury or death 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 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 in which serious bodily injury or death may have resulted; 

 _fails to immediately report the commission of the offense to a peace
officer or law enforcement agency and a reasonable person would believe
that the commission of the offense had not been reported; 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.


SUMMARY OF COMMITTEE CHANGES

Differs from As Filed version in SECTION 1 by deleting language providing
that a person subject to committing offense under this section must be 14
years of age or older.  Adds new text to SECTION 1 for conditions under
which a person commits an offense under this section.