Honorable Richard Peña Raymond, Chair, House Committee on Human Services
Ursula Parks, Director, Legislative Budget Board
HB1205 by Parker (Relating to the offense of failure to report abuse or neglect of a child.), As Introduced
The bill would amend the Family Code as it relates to the offense of failure to report abuse or neglect of a child. Under the provisions of the bill, certain professionals who fail to report the neglect or abuse of a child would commit a Class A misdemeanor. This offense would be elevated to a state jail felony if the professional intended to conceal the abuse or neglect.
A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year and/or a fine not to exceed $4,000. A state jail felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A Misdemeanor punishment (mandatory post-conviction community supervision).
When an offense changes from a misdemeanor to a felony, the burden of confining convicted offenders transfers from the counties to the state. However, it is assumed that the number of offenders supervised or incarcerated under this statute would not significantly impact state correctional agency resources. In fiscal year 2012, there were 42 felony and misdemeanor arrests, 14 misdemeanor community supervision placements, and no state incarcerations for failure to report child abuse or neglect.
UP, GG, JGA