83R13 JSC-D
By: Guillen H.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the failure to report a missing child or the death of a
child; providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Caylee's Law.
SECTION 2. Chapter 38, Penal Code, is amended by adding
Sections 38.20 and 38.21 to read as follows:
Sec. 38.20. FAILURE TO REPORT MISSING CHILD. (a) A person
who has custody, care, or control of a child commits an offense if
the person:
(1) knows or should have known that the child
disappeared or otherwise became missing while in the person's
custody, care, or control; and
(2) does not make a timely report to law enforcement
authorities that the child disappeared or became missing.
(b) In this section, "child" means a person younger than 18
years of age.
(c) Except as provided by Subsection (d), an offense under
this section is a Class A misdemeanor.
(d) An offense under this section is a state jail felony if
the child suffers serious bodily injury, permanent disability, or
permanent disfigurement while missing.
Sec. 38.21. FAILURE TO REPORT DEATH OF CHILD. (a) A person
who has custody, care, or control of a child commits an offense if
the person:
(1) knows or should have known that the child died
while in the person's custody, care, or control; and
(2) does not make a timely report of the child's death
to law enforcement authorities or to the county coroner, medical
examiner, or justice of the peace acting as coroner or medical
examiner.
(b) In this section, "child" means a person younger than 18
years of age.
(c) An offense under this section is a state jail felony.
(d) It is a defense to prosecution under this section that
the child died:
(1) in a medical facility; or
(2) in the care of a physician, a health care
practitioner, or emergency services personnel and was subsequently
pronounced dead by a person legally authorized to make that
determination.
SECTION 3. This Act takes effect September 1, 2013.