Texas House Bill HB60

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Relating to the failure to report a missing child or the death of a child; providing penalties.

Impact

If passed, HB60 would amend Chapter 38 of the Penal Code by adding Sections 38.20 and 38.21. Under these sections, caregivers who do not report a child's disappearance or death in a timely manner could face serious legal consequences. For missing child cases, the offense would generally be classified as a Class A misdemeanor, escalating to a state jail felony if the child suffers serious harm while missing. For failing to report a child's death, the offense is classified as a state jail felony, albeit with specific defenses that pertain to medical circumstances surrounding the child's death.

Summary

House Bill 60, known as Caylee's Law, aims to address the critical issue of failing to report a missing child or the death of a child. The bill introduces two primary sections in the Penal Code: one that penalizes individuals who fail to report a missing child and another that penalizes those who fail to report a child's death. The intent of the legislation is to enhance child safety measures and ensure timely intervention by law enforcement in cases where children go missing or are deceased under suspicious circumstances.

Sentiment

The sentiment around HB60 appears to be predominantly supportive, particularly among child advocacy groups and law enforcement agencies that emphasize the importance of immediate reporting in safeguarding children. However, there are also concerns about potential overreach in the enforcement of the law and the implications for caregivers in challenging situations. The balance of protecting vulnerable children while ensuring that caregivers are not unduly penalized for circumstances beyond their control is a crucial aspect of the debate surrounding this bill.

Contention

Notable points of contention include determining the timeframe for what constitutes 'timely' reporting, as well as the legal defenses available for individuals facing prosecution under the bill's provisions. Critics may argue that the definitions provided (e.g., 'knows or should have known') could lead to subjective interpretations, potentially resulting in unfair legal consequences for caregivers. These debates highlight the complexities in effectively enforcing such legislation while also considering the nuances of individual circumstances.