82R9023 NAJ-D
By: King of Taylor H.B. No. 3176
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the offense of
failure to stop or report aggravated sexual assault of a child.
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. FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL
ASSAULT OF CHILD. (a) A person[, other than a person who has a
relationship with a child described by Section 22.04(b),] commits
an offense if:
(1) 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;
(2) 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.
(b) An offense under this section is a state jail felony
[Class A misdemeanor].
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, 2011.