88R962 MCF-D
 
  By: Wu H.B. No. 505
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prosecution of and punishment for the criminal
  offense of hindering the investigation or prosecution of certain
  sexual offenses committed against a child; increasing criminal
  penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 38.17, Penal Code, is amended to read as
  follows:
         Sec. 38.17.  HINDERING INVESTIGATION OR PROSECUTION OF
  CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES
  COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section,
  "sexual offense against a child" means conduct that constitutes an
  offense under:
               (1)  Section 20A.02(a)(7) or (8) (Trafficking of
  Persons);
               (2)  Section 20A.03 (Continuous Trafficking of
  Persons), if the offense is based partly or wholly on conduct that
  constitutes an offense under Section 20A.02(a)(7) or (8);
               (3)  Section 21.02 (Continuous Sexual Abuse of Young
  Child or Disabled Individual);
               (4)  Section 21.11(a)(1) (Indecency with a Child);
               (5)  Section 22.011(a)(2) (Sexual Assault of a Child);
               (6)  Section 22.021(a)(1)(B) (Aggravated Sexual
  Assault of a Child);
               (7)  Section 43.05(a)(2) (Compelling Prostitution); or
               (8)  Section 43.25 (Sexual Performance by a Child).
         (b)  A person 17 years of age or older[, other than a person
  who has a relationship with a child described by Section 22.04(b),]
  commits an offense if the person:
               (1)  commits an offense under Section 261.109, Family
  Code, by failing to report a sexual offense against a child as
  provided by Chapter 261 of that code [the actor observes the
  commission or attempted commission of an offense prohibited by
  Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
  reasonable person would believe that an offense of a sexual or
  assaultive nature was being committed or was about to be committed
  against the child]; and
               (2)  engages in conduct intended to hinder the
  investigation or prosecution of the sexual offense against a child,
  including by:
                     (A)  altering, destroying, or concealing any
  record, document, or thing to impair its verity, legibility, or
  availability as evidence in the investigation or prosecution;
                     (B)  interfering with the willingness of a witness
  to the sexual offense to report that offense to, or cooperate in the
  investigation or prosecution of the offense with, a law enforcement
  agency or the Department of Family and Protective Services or
  otherwise preventing the report by or cooperation of the witness;
                     (C)  harboring or concealing the person who
  committed the sexual offense;
                     (D)  providing or aiding in providing the person
  who committed the sexual offense with a means to avoid
  investigation or arrest, including by assisting the person in
  relocating to another area; or
                     (E)  providing false information regarding the
  sexual offense to a law enforcement agency or to the Department of
  Family and Protective Services [the actor fails to assist the child
  or immediately report the commission of the offense to a peace
  officer or law enforcement agency; and
               [(3)  the actor could assist the child or immediately
  report the commission of the offense without placing the actor in
  danger of suffering serious bodily injury or death].
         (c) [(b)]  An offense under this section is a felony of the
  third degree, except that the offense is a felony of the second
  degree if:
               (1)  the person who committed the sexual offense
  against a child commits a subsequent sexual offense against a
  child; and
               (2)  the actor's failure to report the sexual offense
  against a child enabled or facilitated the person's commission of
  the subsequent offense [Class A misdemeanor].
         (d)  The following information is confidential and not
  subject to disclosure under Chapter 552, Government Code:
               (1)  the name of the child who is the victim of the
  sexual offense described by Subsection (b);
               (2)  the name of the actor, until the actor is charged
  with an offense under this section; and
               (3)  the name of the person whom the actor believes to
  have committed the sexual offense described by Subsection (b),
  until the person is charged with the applicable offense.
         SECTION 2.  The change in law made by this Act applies only
  to an offense committed on or after the effective date of this Act.
  An offense committed before the effective date of this Act is
  governed by the law in effect on the date the offense was committed,
  and the former law is continued in effect for that purpose. For
  purposes of this section, an offense was committed before the
  effective date of this Act if any element of the offense occurred
  before that date.
         SECTION 3.  This Act takes effect September 1, 2023.