S.B. 110 78(R)    BILL ANALYSIS


S.B. 110
By: Staples
Criminal Jurisprudence
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Current federal law allows for the prosecution of an individual who has
knowledge of a crime but fails to report it to a proper authority.  Texas
statute, however, lacks a provision to prosecute an individual who
witnesses the commission of a felony but fails to report the action.
Senate Bill 110 requires an individual to report the commission of a
felony that may have resulted in serious bodily harm or death. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

Senate Bill 110 amends the Penal Code to provide that a person commits a
Class A misdemeanor offense for failing to report the commission of a
felony in which a reasonable person would believe that an offense had been
committed in which serious bodily injury or death may have resulted and a
reasonable person would believe that it had not already been reported and
the person was capable of doing so. 

EFFECTIVE DATE

September 1, 2003.