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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution and punishment of offenses related to |
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the failure to stop or report certain crimes committed against a |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Penal Code, is amended by adding |
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Section 38.172 to read as follows: |
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Sec. 38.172. FAILURE TO STOP OR REPORT CERTAIN CRIMES |
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COMMITTED AGAINST CHILD. (a) For purposes of this section: |
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(1) "Child" means a person younger than 17 years of |
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age. |
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(2) "Family" has the meaning assigned by Section |
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71.003, Family Code. |
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(3) "Household" has the meaning assigned by Section |
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71.005, Family Code. |
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(b) A person commits an offense if: |
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(1) the actor observes the commission or attempted |
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commission of an offense under Title 5, Title 6, or Chapter 43 under |
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circumstances in which a reasonable person would believe that an |
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offense was being committed or was about to be committed; |
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(2) the victim or intended victim of the offense is a |
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child who is a member of the actor's family or a current member of |
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the actor's household; and |
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(3) the actor, without placing the actor in danger of |
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suffering serious bodily injury or death, fails to assist the child |
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or immediately report the commission or attempted commission of the |
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offense. |
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(c) Subject to Subsection (d), the punishment for an offense |
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under this section is: |
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(1) one category lower than the punishment for the |
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offense the actor observes being committed against the child, if |
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the actor observes an offense being committed; or |
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(2) one category lower than the punishment for the |
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attempted commission of the offense the actor observes attempting |
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to be committed against the child, if the actor observes the |
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attempted commission of an offense. |
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(d) If the offense or the attempted commission of an offense |
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the actor observes is a state jail felony, an offense under this |
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section is a Class A misdemeanor. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under any other law, the actor may be |
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prosecuted under: |
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(1) this section; |
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(2) the other law; or |
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(3) both this section and the other law. |
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SECTION 2. Section 38.17, Penal Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |