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A BILL TO BE ENTITLED
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AN ACT
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relating to reporting requirements regarding child abuse and |
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neglect, including the offense of failure to report abuse or |
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neglect of 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 261.101(a), Family Code, is amended to |
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read as follows: |
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(a) A person having cause to believe that a child's physical |
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or mental health or welfare has been adversely affected by abuse or |
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neglect by any person shall [immediately] make a report as provided |
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by this subchapter not later than the 72nd hour after the hour the |
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person first suspects that the child's physical or mental health or |
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welfare has been adversely affected by abuse or neglect. |
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SECTION 2. Section 261.109, Family Code, is amended by |
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amending Subsection (b) and adding Subsections (b-1), (b-2), and |
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(b-3) to read as follows: |
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(b) Except as provided by Subsections (b-1) and (b-2), an |
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[An] offense under Subsection (a) is a Class A misdemeanor. |
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(b-1) An offense under Subsection (a)[, except that the
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offense] is a state jail felony if it is shown on the trial of the |
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offense that the child was a person with an intellectual disability |
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who resided in a state supported living center, the ICF-IID |
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component of the Rio Grande State Center, or a facility licensed |
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under Chapter 252, Health and Safety Code, and the actor knew that |
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the child had suffered serious bodily injury as a result of the |
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abuse or neglect. |
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(b-2) An offense under Subsection (a) is a state jail felony |
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if it is shown on the trial of the offense that: |
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(1) at the time of the offense the person had cause to |
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believe that the child had suffered significant bodily injury as a |
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result of the abuse or neglect; and |
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(2) the child suffered significant bodily injury as a |
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result of the abuse or neglect. |
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(b-3) For purposes of Subsection (b-2), "significant bodily |
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injury" means an injury that results in an impairment to bodily |
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function, or in a dysfunction of any bodily organ or part, that |
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would cause a reasonably prudent person to seek treatment from a |
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medical professional. |
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SECTION 3. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |