82R9316 AJZ-D
By: Lucio III H.B. No. 1722
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution and punishment of offenses related to
the failure to stop or report certain crimes committed against a
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.172 to read as follows:
Sec. 38.172. FAILURE TO STOP OR REPORT CERTAIN CRIMES
COMMITTED AGAINST CHILD. (a) For purposes of this section:
(1) "Child" means a person younger than 17 years of
age.
(2) "Family" has the meaning assigned by Section
71.003, Family Code.
(3) "Household" has the meaning assigned by Section
71.005, Family Code.
(b) A person commits an offense if:
(1) the actor observes the commission or attempted
commission of an offense under Title 5, Title 6, or Chapter 43 under
circumstances in which a reasonable person would believe that an
offense was being committed or was about to be committed;
(2) the victim or intended victim of the offense is a
child who is a member of the actor's family or a current member of
the actor's household; and
(3) the actor, without placing the actor in danger of
suffering serious bodily injury or death, fails to assist the child
or immediately report the commission or attempted commission of the
offense.
(c) Subject to Subsection (d), the punishment for an offense
under this section is:
(1) one category lower than the punishment for the
offense the actor observes being committed against the child, if
the actor observes an offense being committed; or
(2) one category lower than the punishment for the
attempted commission of the offense the actor observes attempting
to be committed against the child, if the actor observes the
attempted commission of an offense.
(d) If the offense or the attempted commission of an offense
the actor observes is a state jail felony, an offense under this
section is a Class A misdemeanor.
(e) If conduct constituting an offense under this section
also constitutes an offense under any other law, the actor may be
prosecuted under:
(1) this section;
(2) the other law; or
(3) both this section and the other law.
SECTION 2. Section 38.17, Penal Code, is repealed.
SECTION 3. 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
covered by the law in effect when 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 4. This Act takes effect September 1, 2011.