SRC-TJG, VRA C.S.S.B. 143 78(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 143
By: Ellis, Rodney/Williams
Criminal Justice
4/28/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law requires any person who has cause to believe that a child's
welfare is in danger from abuse or neglect to report the suspected abuse
or neglect.  C.S.S.B. 143 extends the statute of limitations and enhances
the penalty for failure to report abuse or neglect constituting indecency
with a child, sexual assault of a child, or aggravated sexual assault of a
child. 

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 Article 12.02, Code of Criminal Procedure, as follows:

(a) Created from existing text.  Makes a conforming and a nonsubstantive
change. 

(b) Authorizes an indictment or information for failure to report abuse or
neglect under Section 261, Family Code, to be presented within 10 years
from the 18th birthday, and not afterward, of the child whose physical or
mental health or welfare has been or may have been adversely affected by
abuse or neglect constituting a indecency with a child, sexual assault of
a child, or aggravated sexual assault of a child under certain sections of
the Penal Code.  

SECTION 2.  (a) Effective date: September 1, 2003.

(b) Provides that the change in law made by this Act to Article 12.02,
Code of Criminal Procedure, does not apply to an offense if the
prosecution of that offense became barred by limitation before th
effective date of this Act.  Provides that the prosecution of that offense
remains barred as if this Act had not taken effect.