Texas House Bill HB1722

Texas 2011 - 82nd Regular

• Out of House Committee: 4/28/11
• Introduced: 2/23/11
• Refer: 3/3/11
• Report Pass: 4/26/11

Caption

Relating to the prosecution and punishment of offenses related to the failure to stop or report certain crimes committed against a child.

Summary

House Bill 1722 addresses the prosecution and punishment related to the failure to stop or report certain crimes against children. The legislation introduces a new section to the Penal Code, defining when an individual can be criminally charged for not intervening when witnessing an offense involving a child who is a family member or lives in the same household. Specifically, it establishes criteria for recognizing offenses and the obligations of adults to assist or report such offenses, thereby enhancing the accountability of individuals towards the safety of minors. The bill categorizes the offense as one level lower than the crime observed, creating a legal framework that discourages the bystander mentality in situations where children are harmed. If the observed crime is of a serious nature (like a state jail felony), the offense for failing to report it defaults to a Class A misdemeanor. This change aims to ensure that individuals are aware of their responsibilities regarding child welfare by imposing legal penalties for inaction. Notable points of contention revolve around the implications of mandating reporting and assistance. Advocates argue that the bill strengthens child protection laws and creates a societal obligation to prevent harm. Critics, however, express concern over the potential for overreach, fearing that individuals may be unjustly penalized for failing to report situations where the context is unclear or where reporting could endanger themselves or the child further. Moreover, the bill repeals an earlier statute on similar grounds, indicating legislative intent to modernize and clarify existing laws surrounding the reporting and intervention in criminal offenses against children. The effective date of the act is set for September 1, 2011, suggesting an immediate need for public awareness and legal clarity concerning the obligations placed upon individuals witnessing crimes against children.