The bill would amend the Penal Code as it relates to the prosecution and punishment of offenses related to the failure to stop or report certain crimes against children. Under the provisions of the bill, failure to stop or report aggravated sexual assault of child currently punishable as a Class A Misdemeanor would be repealed and replaced with failure to stop or report certain crimes against children punishable at various misdemeanor and felony levels. Under the provisions of the bill, failure to stop or report certain crimes against children would be punishable one category lower than the punishment for the offense the actor observes being committed against the child, if the actor observes an offense being committed; or one category lower than the punishment for the attempted commission of the offense the actor observes attempting to be committed against the child, if the actor observes the attempted commission of an offense. If the offense or the attempted commission of an offense the actor observes is a state jail felony, an offense under this section is a Class A misdemeanor.

Title 5 Penal Code offenses, Offenses Against the Person, include those offenses within Chapter 19 - Criminal Homicide, Chapter 20 - Kidnapping and Unlawful Restraint, Chapter 20A - Trafficking of Persons, Chapter 21 - Sexual Offenses, and Chapter 22 - Assaultive Offenses. Title 6 Penal Code offenses, Offenses Against the Family, include those offenses within Chapter 25 - Offenses Against the Family.  Chapter 43 Penal Code Offenses are those covering Public Indecency. Under the provisions of the bill, a child is defined as someone younger than 17 years of age. The age of a child is defined differently in the various sections of the Penal Code addressed by the provisions of the bill. 

In fiscal year 2010,  5 people were arrested and less than 5 people were placed on misdemeanor community supervision for failure to stop or report aggravated sexual assault of child, the section repealed under the provisions of the bill. In contrast there were 45,201 arrests, 503 admissions to prison, 66 admissions to state jail, 1,385 placements on felony community supervision, and 3,132 placements on misdemeanor community supervision for the offenses covered under the provisions of the bill. After removing those offenses involving children where the definition of child is consistent with the definition proposed by the bill, there were 40,868 arrests, 397 admissions to prison, 45 admissions to state jail,  1,018 placements on felony community supervision, and 3,026 placements on misdemeanor community supervision that could also be subject to the provisions of the bill and could not be excluded because the offenses does not have a section covering children or because the definition of child covers someone younger than 18 years of age.  At present only information about the offender is stored in statewide repositories. Information on the specific age of the victim at the time of offenses is not part of any statewide data repository.

The probable fiscal impact of implementing the bill cannot be determined due to the unavailability of reliable data or information related to the number of times someone would observes the commission or attempted commission of an offense under Title 5 of the Penal Code, Title 6 of the Penal Code, or Chapter 43 of the Penal Code and know that the intended victim was a child who is a member of the actor's family or a current member of  the actor's household and the person fails to assist the child or immediately report the commission or attempted commission of the offense when that person was not in danger of suffering serious bodily injury or death.