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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of failure to report abuse or neglect of 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. Section 261.109, Family Code, is amended to read |
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as follows: |
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Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person |
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commits an offense if the person is required to make a report under |
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Section 261.101(a) [has cause to believe that a child's physical or
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mental health or welfare has been or may be adversely affected by
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abuse or neglect] and knowingly fails to make a report as provided |
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in this chapter. |
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(a-1) A person who is a professional as defined by Section |
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261.101(b) commits an offense if the person is required to make a |
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report under Section 261.101(b) and knowingly fails to make a |
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report as provided in this chapter. |
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(b) An offense under Subsection (a) [this section] is a |
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Class A misdemeanor, except that the offense is a state jail felony |
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if it is shown on the trial of the offense that the child was a |
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person with an intellectual disability [mental retardation] who |
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resided in a state supported living center, the ICF-MR component of |
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the Rio Grande State Center, or a facility licensed under Chapter |
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252, Health and Safety Code, and the actor knew that the child had |
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suffered serious bodily injury as a result of the abuse or neglect. |
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(c) An offense under Subsection (a-1) is a Class A |
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misdemeanor, except that the offense is a state jail felony if it is |
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shown on the trial of the offense that the actor intended to conceal |
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the abuse or neglect. |
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SECTION 2. The changes in law made by this Act to Section |
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261.109, Family Code, apply only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2013. |