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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 criminal |
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offense of failure to report certain sexual offenses committed |
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against a child; increasing criminal penalties. |
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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 CERTAIN |
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[AGGRAVATED] SEXUAL OFFENSES COMMITTED AGAINST A [ASSAULT OF] |
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CHILD. (a) In this section, "sexual offense against a child" means |
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conduct that constitutes an offense under: |
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(1) Section 21.02 (Continuous Sexual Abuse of Young |
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Child or Children); |
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(2) Section 21.11 (Indecency with a Child); |
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(3) Section 22.011(a)(2) (Sexual Assault of a Child); |
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or |
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(4) Section 22.021(a)(1)(B) (Aggravated Sexual |
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Assault of a Child). |
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(b) A person[, other than a person who has a relationship
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with a child described by Section 22.04(b),] commits an offense if |
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the person: |
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(1) knows or has reason to believe that another person |
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has committed a sexual offense against a child [the actor observes
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the commission or attempted commission of an offense prohibited by
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Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
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reasonable person would believe that an offense of a sexual or
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assaultive nature was being committed or was about to be committed
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against the child]; and |
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(2) [the actor] fails to [assist the child or] |
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immediately report the commission of the offense to a [peace
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officer or] law enforcement agency or to the Department of Family |
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and Protective Services[; 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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(c) [(b)] An offense under this section is a state jail |
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felony, except that the offense is: |
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(1) except as provided by Subdivision (2), a felony of |
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the third degree if it is shown on the trial of the offense that the |
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actor also engaged in conduct intended to hinder the investigation |
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or prosecution of the sexual offense against a child, including by: |
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(A) altering, destroying, or concealing any |
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record, document, or thing to impair its verity, legibility, or |
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availability as evidence in the investigation or prosecution; |
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(B) interfering with the willingness of a witness |
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to the offense to report the offense to, or cooperate in the |
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investigation or prosecution of the offense with, a law enforcement |
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agency or the Department of Family and Protective Services or |
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otherwise preventing the report by or cooperation of the witness; |
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(C) harboring or concealing the person who |
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committed the offense; |
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(D) providing or aiding in providing the person |
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who committed the offense with a means to avoid investigation or |
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arrest, including by assisting the person in relocating to another |
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area; or |
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(E) providing false or misleading information |
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regarding the offense to a law enforcement agency or to the |
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Department of Family and Protective Services; or |
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(2) a felony of the second degree if: |
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(A) the actor engaged in conduct described by |
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Subdivision (1); |
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(B) the person who committed the sexual offense |
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against a child commits a subsequent sexual offense against a |
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child; and |
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(C) the actor's failure to report the sexual |
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offense against a child enabled or facilitated the person's |
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commission of the subsequent offense [Class A misdemeanor]. |
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(d) It is a defense to prosecution under this section that |
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the actor complied with a duty to report the sexual offense against |
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a child to a law enforcement agency or to the Department of Family |
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and Protective Services as required by other law. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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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, 2019. |