87R24833 KJE-D
By: Huffman, et al. S.B. No. 568
(Wu)
Substitute the following for S.B. No. 568: No.
A BILL TO BE ENTITLED
AN ACT
relating to the prosecution of and punishment for the criminal
offense of hindering the investigation or prosecution of certain
sexual offenses committed against a child; increasing criminal
penalties.
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. HINDERING INVESTIGATION OR PROSECUTION OF
CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES
COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section,
"sexual offense against a child" means conduct that constitutes an
offense under:
(1) Section 20A.02(a)(7) or (8) (Trafficking of
Persons);
(2) Section 20A.03 (Continuous Trafficking of
Persons), if the offense is based partly or wholly on conduct that
constitutes an offense under Section 20A.02(a)(7) or (8);
(3) Section 21.02 (Continuous Sexual Abuse of Young
Child or Children);
(4) Section 21.11(a)(1) (Indecency with a Child);
(5) Section 22.011(a)(2) (Sexual Assault of a Child);
(6) Section 22.021(a)(1)(B) (Aggravated Sexual
Assault of a Child);
(7) Section 43.05(a)(2) (Compelling Prostitution); or
(8) Section 43.25 (Sexual Performance by a Child).
(b) A person 17 years of age or older[, other than a person
who has a relationship with a child described by Section 22.04(b),]
commits an offense if the person:
(1) commits an offense under Section 261.109, Family
Code, by failing to report a sexual offense against a child as
provided by Chapter 261 of that code [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]; and
(2) engages in conduct intended to hinder the
investigation or prosecution of the sexual offense against a child,
including by:
(A) altering, destroying, or concealing any
record, document, or thing to impair its verity, legibility, or
availability as evidence in the investigation or prosecution;
(B) interfering with the willingness of a witness
to the sexual offense to report that offense to, or cooperate in the
investigation or prosecution of the offense with, a law enforcement
agency or the Department of Family and Protective Services or
otherwise preventing the report by or cooperation of the witness;
(C) harboring or concealing the person who
committed the sexual offense;
(D) providing or aiding in providing the person
who committed the sexual offense with a means to avoid
investigation or arrest, including by assisting the person in
relocating to another area; or
(E) providing false information regarding the
sexual offense to a law enforcement agency or to the Department of
Family and Protective Services [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].
(c) [(b)] An offense under this section is a felony of the
third degree, except that the offense is a felony of the second
degree if:
(1) the person who committed the sexual offense
against a child commits a subsequent sexual offense against a
child; and
(2) the actor's failure to report the sexual offense
against a child enabled or facilitated the person's commission of
the subsequent offense [Class A misdemeanor].
(d) Except as otherwise provided by this subsection, the
following information may not be released to the public and is not
public information under Chapter 552, Government Code:
(1) the name of the child who is the victim of the
sexual offense described by Subsection (b);
(2) the name of the actor, until the actor is charged
with an offense under this section; and
(3) the name of the person whom the actor believes to
have committed the sexual offense described by Subsection (b),
until the person is charged with the applicable offense.
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, 2021.