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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 20A.02(a)(7) or (8) (Trafficking of |
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Persons); |
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(2) Section 20A.03 (Continuous Trafficking of |
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Persons), if the offense is based partly or wholly on conduct that |
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constitutes an offense under Section 20A.02(a)(7) or (8); |
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(3) Section 21.02 (Continuous Sexual Abuse of Young |
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Child or Children); |
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(4) Section 21.11 (Indecency with a Child); |
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(5) Section 22.011(a)(2) (Sexual Assault of a Child); |
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(6) Section 22.021(a)(1)(B) (Aggravated Sexual |
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Assault of a Child); |
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(7) Section 43.05(a)(2) (Compelling Prostitution); or |
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(8) Section 43.25 (Sexual Performance by a Child). |
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(b) A person 18 years of age or older[, other than a person |
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who has a relationship with a child described by Section 22.04(b),] |
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commits an offense if the person: |
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(1) knows that another person has committed a sexual |
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offense against a child [the actor observes the commission or |
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attempted commission of an offense prohibited by Section 21.02 or |
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22.021(a)(2)(B) under circumstances in which a reasonable person |
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would believe that an offense of a sexual or assaultive nature was |
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being committed or was about to be committed 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 sexual offense to report that 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 sexual offense; |
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(D) providing or aiding in providing the person |
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who committed the sexual offense with a means to avoid |
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investigation or arrest, including by assisting the person in |
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relocating to another area; or |
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(E) providing false information regarding the |
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sexual offense to a law enforcement agency or to the Department of |
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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) For purposes of this section, the actor is presumed to |
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have known that another person has committed a sexual offense |
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against a child if: |
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(1) the child tells the actor that the other person has |
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engaged in conduct that constitutes a sexual offense listed in |
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Subsection (a); or |
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(2) the actor engaged in conduct described by |
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Subsection (c)(1) with respect to the sexual offense. |
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(e) 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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(f) It is an affirmative defense to prosecution under this |
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section that the actor promptly reported the sexual offense against |
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a child to a professional, as defined by Section 261.101(b), Family |
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Code, or to a family violence center, as defined by Section 93.001, |
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Family Code. |
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(g) It is an exception to the application of this section |
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that: |
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(1) the person who the actor knows has committed the |
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sexual offense against a child has previously been convicted of any |
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of the following offenses committed against the actor: |
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(A) an offense listed in Article 42A.054(a), Code |
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of Criminal Procedure; or |
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(B) an offense under Section 22.01 (Assault) or |
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22.02 (Aggravated Assault); or |
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(2) at the time of the actor's act of omission |
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described by Subsection (b)(2) or at any time before that act |
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occurred, the person who the actor knows has committed the sexual |
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offense against a child was the subject of an order issued to |
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protect the actor: |
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(A) under Subchapter A, Chapter 7B, Code of |
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Criminal Procedure, Article 17.292, Code of Criminal Procedure, |
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Section 6.504, Family Code, Chapter 83, Family Code, Chapter 85, |
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Family Code, or Subchapter F, Chapter 261, Family Code; or |
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(B) by another jurisdiction as provided by |
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Chapter 88, Family Code. |
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(h) 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, 2021. |