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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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failure to stop or report aggravated sexual assault of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.17, Penal Code, is amended to read as |
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follows: |
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Sec. 38.17. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL |
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ASSAULT OF CHILD. (a) A person[, other than a person who has a
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relationship with a child described by Section 22.04(b),] commits |
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an offense if: |
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(1) the actor observes the commission or attempted |
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commission of an offense prohibited by Section 21.02 or |
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22.021(a)(2)(B) under circumstances in which a reasonable person |
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would believe that an offense of a sexual or assaultive nature was |
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being committed or was about to be committed against the child; |
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(2) the actor fails to assist the child or immediately |
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report the commission of the offense to a peace officer or law |
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enforcement agency; and |
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(3) the actor could assist the child or immediately |
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report the commission of the offense without placing the actor in |
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danger of suffering serious bodily injury or death. |
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(b) An offense under this section is a state jail felony |
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[Class A misdemeanor]. |
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SECTION 2. 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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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |