Texas 2025 - 89th Regular

Texas Senate Bill SB1588

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the failure to report child abuse or neglect; increasing a criminal penalty.

Impact

The impact of SB1588 on state laws revolves significantly around the obligations of individuals—specifically mandated reporters such as teachers, healthcare professionals, and law enforcement officers—to report suspicions of child abuse or neglect. By increasing penalties for failure to report under severe circumstances, the bill aims to encourage vigilance and protect vulnerable children. The change is poised to enhance the reporting mechanisms within Texas, potentially leading to more cases being prosecuted and more children receiving the necessary protection from abuse and neglect.

Summary

SB1588 is an act that aims to strengthen the legal framework surrounding the failure to report child abuse or neglect by increasing the associated criminal penalties. Specifically, it amends Section 261.109(c) of the Family Code, redefining the classification of offenses under this section based on the intent of the offender to conceal abuse or the nature of the unreported abuse. The bill escalates penalties from a Class A misdemeanor to a state jail felony if certain serious offenses are involved, such as sexual assault or child trafficking. This legislative approach underscores the commitment to child welfare and the necessity of requiring individuals to report suspected abuse or neglect promptly.

Contention

Notably, there are points of contention regarding the implementation of punitive measures for failure to report. Critics might argue that increasing penalties could lead to an environment of fear where individuals might hesitate to report due to worries about legal repercussions or misinterpretations of situations. Additionally, the need for clarity on what constitutes unreported neglect or abuse is crucial as it could lead to inconsistent applications of the law. As the bill moves forward, these concerns may spark debates about the balance between effective reporting and the potential criminalization of citizens who may not fully understand their obligations.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
    • Section: 109

Penal Code

  • Chapter 21. Sexual Offenses
    • Section: New Section
    • Section: 11
  • Chapter 22. Assaultive Offenses
    • Section: New Section
  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section
  • Chapter 43. Public Indecency
    • Section: 21
    • Section: New Section
    • Section: 25
    • Section: 05

Companion Bills

TX HB734

Identical Relating to the failure to report child abuse or neglect; increasing a criminal penalty.

Previously Filed As

TX HB734

Relating to the failure to report child abuse or neglect; increasing a criminal penalty.

TX SB1541

Relating to reporting requirements regarding child abuse and neglect, including the offense of failure to report abuse or neglect of a child; increasing criminal penalties.

Similar Bills

No similar bills found.