Texas 2019 - 86th Regular

Texas House Bill HB1357 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R23245 KJE-D
2		-	By: Wu, King of Hemphill, Hinojosa, Metcalf H.B. No. 1357
3		-	Substitute the following for H.B. No. 1357:
4		-	By: Hunter C.S.H.B. No. 1357
	1	+	86R923 KJE-D
	2	+	By: Wu H.B. No. 1357
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the prosecution of and punishment for the criminal
10	8		offense of failure to report certain sexual offenses committed
11	9		against a child; increasing criminal penalties.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 38.17, Penal Code, is amended to read as
14	12		follows:
15	13		Sec. 38.17. FAILURE TO [STOP OR] REPORT CERTAIN
16	14		[AGGRAVATED] SEXUAL OFFENSES COMMITTED AGAINST A [ASSAULT OF]
17	15		CHILD. (a) In this section, "sexual offense against a child" means
18	16		conduct that constitutes an offense under:
19		-	(1) Section 20A.02(a)(7) or (8) (Trafficking of
20		-	Persons);
21		-	(2) Section 20A.03 (Continuous Trafficking of
22		-	Persons), if the offense is based partly or wholly on conduct that
23		-	constitutes an offense under Section 20A.02(a)(7) or (8);
24		-	(3) Section 21.02 (Continuous Sexual Abuse of Young
	17	+	(1) Section 21.02 (Continuous Sexual Abuse of Young
25	18		Child or Children);
26		-	(4) Section 21.11 (Indecency with a Child);
27		-	(5) Section 22.011(a)(2) (Sexual Assault of a Child);
28		-	~~(6) Section 22.021(a)(1)(B) (Aggravated Sexual~~
29		-	~~Assault of~~ a ~~Child);~~
30		-	(7) ~~Section 43~~.~~05(a)(2) (Compelling Prostitution); or~~
31		-	(8) ~~Section 43.25 (Sexual~~ ~~Performance by~~ a ~~Child).~~
32		-	(b) ~~A person 18 years of age or older[, other than a person~~
33		-	~~who has a relationship with a child described by Section 22.04(b),]~~
34		-	~~commits an offense if the~~ person:
35		-	~~(1) knows that another person~~ has committed a sexual
36		-	~~offense against a child [the actor observes~~ the commission or
37		-	~~attempted commission of an offense prohibited by~~ Section 21.02 or
38		-	~~22.021(a)(2)(B) under circumstances in which a~~ reasonable person
39		-	~~would believe that an offense of a sexual or~~ assaultive nature was
40		-	~~being committed or was about to be committed~~ against the child]; and
	19	+	(2) Section 21.11 (Indecency with a Child);
	20	+	(3) Section 22.011(a)(2) (Sexual Assault of a Child);
	21	+	or
	22	+	(4) Section 22.021(a)(1)(B) (Aggravated Sexual
	23	+	Assault of a Child).
	24	+	(b) A person[, other than a person who has a relationship
	25	+	with a child described by Section 22.04(b),] commits an offense if
	26	+	the person:
	27	+	(1) knows or has reason to believe that another person
	28	+	has committed a sexual offense against a child [the actor observes
	29	+	the commission or attempted commission of an offense prohibited by
	30	+	Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
	31	+	reasonable person would believe that an offense of a sexual or
	32	+	assaultive nature was being committed or was about to be committed
	33	+	against the child]; and
41	34		(2) [the actor] fails to [assist the child or]
42	35		immediately report the commission of the offense to a [peace
43	36		officer or] law enforcement agency or to the Department of Family
44	37		and Protective Services[; and
45	38		[(3) the actor could assist the child or immediately
46	39		report the commission of the offense without placing the actor in
47	40		danger of suffering serious bodily injury or death].
48	41		(c) [(b)] An offense under this section is a state jail
49	42		felony, except that the offense is:
50	43		(1) except as provided by Subdivision (2), a felony of
51	44		the third degree if it is shown on the trial of the offense that the
52	45		actor also engaged in conduct intended to hinder the investigation
53	46		or prosecution of the sexual offense against a child, including by:
54	47		(A) altering, destroying, or concealing any
55	48		record, document, or thing to impair its verity, legibility, or
56	49		availability as evidence in the investigation or prosecution;
57	50		(B) interfering with the willingness of a witness
58	51		to the offense to report the offense to, or cooperate in the
59	52		investigation or prosecution of the offense with, a law enforcement
60	53		agency or the Department of Family and Protective Services or
61	54		otherwise preventing the report by or cooperation of the witness;
62	55		(C) harboring or concealing the person who
63	56		committed the offense;
64	57		(D) providing or aiding in providing the person
65	58		who committed the offense with a means to avoid investigation or
66	59		arrest, including by assisting the person in relocating to another
67	60		area; or
68		-	(E) providing false information ~~regarding the~~
69		-	offense to a law enforcement agency or to the ~~Department of Family~~
70		-	and Protective Services; or
	61	+	(E) providing false or misleading information
	62	+	regarding the offense to a law enforcement agency or to the
	63	+	Department of Family and Protective Services; or
71	64		(2) a felony of the second degree if:
72	65		(A) the actor engaged in conduct described by
73	66		Subdivision (1);
74	67		(B) the person who committed the sexual offense
75	68		against a child commits a subsequent sexual offense against a
76	69		child; and
77	70		(C) the actor's failure to report the sexual
78	71		offense against a child enabled or facilitated the person's
79	72		commission of the subsequent offense [Class A misdemeanor].
80		-	(d) For purposes of this section, the actor is presumed to
81		-	have known that another person has committed a sexual offense
82		-	against a child if:
83		-	(1) the child tells the actor that the other person has
84		-	engaged in conduct that constitutes an offense listed in Subsection
85		-	(a); or
86		-	(2) the actor engaged in conduct described by
87		-	Subsection (c)(1) with respect to the offense.
88		-	(e) It is a defense to prosecution under this section that
	73	+	(d) It is a defense to prosecution under this section that
89	74		the actor complied with a duty to report the sexual offense against
90	75		a child to a law enforcement agency or to the Department of Family
91	76		and Protective Services as required by other law.
92		-	(f) It is an affirmative defense to prosecution under this
93		-	section that the actor promptly reported the sexual offense against
94		-	a child to a professional, as defined by Section 261.101(b), Family
95		-	Code, or to a family violence center, as defined by Section 93.001,
96		-	Family Code.
97		-	(g) It is an exception to the application of this section
98		-	that the actor was a victim of any offense committed by the person
99		-	who the actor knows has committed the sexual offense against a
100		-	child.
101		-	(h) If conduct that constitutes an offense under this
	77	+	(e) If conduct that constitutes an offense under this
102	78		section also constitutes an offense under another law, the actor
103	79		may be prosecuted under this section, the other law, or both.
104	80		SECTION 2. The change in law made by this Act applies only
105	81		to an offense committed on or after the effective date of this Act.
106	82		An offense committed before the effective date of this Act is
107	83		governed by the law in effect on the date the offense was committed,
108	84		and the former law is continued in effect for that purpose. For
109	85		purposes of this section, an offense was committed before the
110	86		effective date of this Act if any element of the offense occurred
111	87		before that date.
112	88		SECTION 3. This Act takes effect September 1, 2019.