| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to increasing the criminal penalty for certain offenses |
|
|
committed by a professional who is required to report child abuse or |
|
|
neglect and against a child under the care of that professional. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter D, Chapter 12, Penal Code, is amended |
|
|
by adding Section 12.503 to read as follows: |
|
|
Sec. 12.503. PROFESSIONALS REQUIRED TO REPORT CHILD ABUSE |
|
|
OR NEGLECT: PENALTY FOR CERTAIN OFFENSES COMMITTED AGAINST CHILDREN |
|
|
UNDER THEIR CARE. (a) Subject to Subsection (c), the punishment for |
|
|
an offense described by Subsection (b) is increased to the |
|
|
punishment prescribed for the next higher category of offense if it |
|
|
is shown on the trial of the offense that the offense was committed: |
|
|
(1) by a professional, as defined by Section 261.101, |
|
|
Family Code; and |
|
|
(2) against a child who, at the time of the offense, |
|
|
was under the professional's care, custody, or control. |
|
|
(b) The increase in punishment authorized by this section |
|
|
applies only to an offense under: |
|
|
(1) Section 15.031; |
|
|
(2) Section 15.032; |
|
|
(3) Section 20A.02; |
|
|
(4) Section 20A.03; |
|
|
(5) Section 21.02; |
|
|
(6) Section 21.11; |
|
|
(7) Section 22.011; |
|
|
(8) Section 22.012; or |
|
|
(9) Section 22.021. |
|
|
(c) If an offense listed under Subsection (b) is punishable |
|
|
as a Class A misdemeanor, the minimum term of confinement for the |
|
|
offense is increased to 180 days. If an offense listed under |
|
|
Subsection (b) is punishable as a felony of the first degree, the |
|
|
punishment for that offense may not be increased under this |
|
|
section. |
|
|
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, 2025. |