TX
Texas Senate Bill SB568

Texas 2021 - 87th Regular

Texas Senate Bill SB568 Compare Versions

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1-87R24833 KJE-D
2- By: Huffman, et al. S.B. No. 568
3- (Wu)
4- Substitute the following for S.B. No. 568: No.
1+By: Huffman, Zaffirini S.B. No. 568
52
63
74 A BILL TO BE ENTITLED
85 AN ACT
96 relating to the prosecution of and punishment for the criminal
10- offense of hindering the investigation or prosecution of certain
11- sexual offenses committed against a child; increasing criminal
12- penalties.
7+ offense of failure to report certain sexual offenses committed
8+ against a child; increasing criminal penalties.
139 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1410 SECTION 1. Section 38.17, Penal Code, is amended to read as
1511 follows:
16- Sec. 38.17. HINDERING INVESTIGATION OR PROSECUTION OF
17- CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES
18- COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section,
19- "sexual offense against a child" means conduct that constitutes an
20- offense under:
12+ Sec. 38.17. FAILURE TO [STOP OR] REPORT CERTAIN
13+ [AGGRAVATED] SEXUAL OFFENSES COMMITTED AGAINST A [ASSAULT OF]
14+ CHILD. (a) In this section, "sexual offense against a child" means
15+ conduct that constitutes an offense under:
2116 (1) Section 20A.02(a)(7) or (8) (Trafficking of
2217 Persons);
2318 (2) Section 20A.03 (Continuous Trafficking of
2419 Persons), if the offense is based partly or wholly on conduct that
2520 constitutes an offense under Section 20A.02(a)(7) or (8);
2621 (3) Section 21.02 (Continuous Sexual Abuse of Young
2722 Child or Children);
28- (4) Section 21.11(a)(1) (Indecency with a Child);
23+ (4) Section 21.11 (Indecency with a Child);
2924 (5) Section 22.011(a)(2) (Sexual Assault of a Child);
3025 (6) Section 22.021(a)(1)(B) (Aggravated Sexual
3126 Assault of a Child);
3227 (7) Section 43.05(a)(2) (Compelling Prostitution); or
3328 (8) Section 43.25 (Sexual Performance by a Child).
34- (b) A person 17 years of age or older[, other than a person
29+ (b) A person 18 years of age or older[, other than a person
3530 who has a relationship with a child described by Section 22.04(b),]
3631 commits an offense if the person:
37- (1) commits an offense under Section 261.109, Family
38- Code, by failing to report a sexual offense against a child as
39- provided by Chapter 261 of that code [the actor observes the
40- commission or attempted commission of an offense prohibited by
41- Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
42- reasonable person would believe that an offense of a sexual or
43- assaultive nature was being committed or was about to be committed
44- against the child]; and
45- (2) engages in conduct intended to hinder the
46- investigation or prosecution of the sexual offense against a child,
47- including by:
32+ (1) knows that another person has committed a sexual
33+ offense against a child [the actor observes the commission or
34+ attempted commission of an offense prohibited by Section 21.02 or
35+ 22.021(a)(2)(B) under circumstances in which a reasonable person
36+ would believe that an offense of a sexual or assaultive nature was
37+ being committed or was about to be committed against the child]; and
38+ (2) [the actor] fails to [assist the child or]
39+ immediately report the commission of the offense to a [peace
40+ officer or] law enforcement agency or to the Department of Family
41+ and Protective Services[; and
42+ [(3) the actor could assist the child or immediately
43+ report the commission of the offense without placing the actor in
44+ danger of suffering serious bodily injury or death].
45+ (c) [(b)] An offense under this section is a state jail
46+ felony, except that the offense is:
47+ (1) except as provided by Subdivision (2), a felony of
48+ the third degree if it is shown on the trial of the offense that the
49+ actor also engaged in conduct intended to hinder the investigation
50+ or prosecution of the sexual offense against a child, including by:
4851 (A) altering, destroying, or concealing any
4952 record, document, or thing to impair its verity, legibility, or
5053 availability as evidence in the investigation or prosecution;
5154 (B) interfering with the willingness of a witness
5255 to the sexual offense to report that offense to, or cooperate in the
5356 investigation or prosecution of the offense with, a law enforcement
5457 agency or the Department of Family and Protective Services or
5558 otherwise preventing the report by or cooperation of the witness;
5659 (C) harboring or concealing the person who
5760 committed the sexual offense;
5861 (D) providing or aiding in providing the person
5962 who committed the sexual offense with a means to avoid
6063 investigation or arrest, including by assisting the person in
6164 relocating to another area; or
6265 (E) providing false information regarding the
6366 sexual offense to a law enforcement agency or to the Department of
64- Family and Protective Services [the actor fails to assist the child
65- or immediately report the commission of the offense to a peace
66- officer or law enforcement agency; and
67- [(3) the actor could assist the child or immediately
68- report the commission of the offense without placing the actor in
69- danger of suffering serious bodily injury or death].
70- (c) [(b)] An offense under this section is a felony of the
71- third degree, except that the offense is a felony of the second
72- degree if:
73- (1) the person who committed the sexual offense
67+ Family and Protective Services; or
68+ (2) a felony of the second degree if:
69+ (A) the actor engaged in conduct described by
70+ Subdivision (1);
71+ (B) the person who committed the sexual offense
7472 against a child commits a subsequent sexual offense against a
7573 child; and
76- (2) the actor's failure to report the sexual offense
77- against a child enabled or facilitated the person's commission of
78- the subsequent offense [Class A misdemeanor].
79- (d) Except as otherwise provided by this subsection, the
80- following information may not be released to the public and is not
81- public information under Chapter 552, Government Code:
82- (1) the name of the child who is the victim of the
83- sexual offense described by Subsection (b);
84- (2) the name of the actor, until the actor is charged
85- with an offense under this section; and
86- (3) the name of the person whom the actor believes to
87- have committed the sexual offense described by Subsection (b),
88- until the person is charged with the applicable offense.
74+ (C) the actor's failure to report the sexual
75+ offense against a child enabled or facilitated the person's
76+ commission of the subsequent offense [Class A misdemeanor].
77+ (d) For purposes of this section, the actor is presumed to
78+ have known that another person has committed a sexual offense
79+ against a child if:
80+ (1) the child tells the actor that the other person has
81+ engaged in conduct that constitutes a sexual offense listed in
82+ Subsection (a); or
83+ (2) the actor engaged in conduct described by
84+ Subsection (c)(1) with respect to the sexual offense.
85+ (e) It is a defense to prosecution under this section that
86+ the actor complied with a duty to report the sexual offense against
87+ a child to a law enforcement agency or to the Department of Family
88+ and Protective Services as required by other law.
89+ (f) It is an affirmative defense to prosecution under this
90+ section that the actor promptly reported the sexual offense against
91+ a child to a professional, as defined by Section 261.101(b), Family
92+ Code, or to a family violence center, as defined by Section 93.001,
93+ Family Code.
94+ (g) It is an exception to the application of this section
95+ that:
96+ (1) the person who the actor knows has committed the
97+ sexual offense against a child has previously been convicted of any
98+ of the following offenses committed against the actor:
99+ (A) an offense listed in Article 42A.054(a), Code
100+ of Criminal Procedure; or
101+ (B) an offense under Section 22.01 (Assault) or
102+ 22.02 (Aggravated Assault); or
103+ (2) at the time of the actor's act of omission
104+ described by Subsection (b)(2) or at any time before that act
105+ occurred, the person who the actor knows has committed the sexual
106+ offense against a child was the subject of an order issued to
107+ protect the actor:
108+ (A) under Subchapter A, Chapter 7B, Code of
109+ Criminal Procedure, Article 17.292, Code of Criminal Procedure,
110+ Section 6.504, Family Code, Chapter 83, Family Code, Chapter 85,
111+ Family Code, or Subchapter F, Chapter 261, Family Code; or
112+ (B) by another jurisdiction as provided by
113+ Chapter 88, Family Code.
114+ (h) If conduct that constitutes an offense under this
115+ section also constitutes an offense under another law, the actor
116+ may be prosecuted under this section, the other law, or both.
89117 SECTION 2. The change in law made by this Act applies only
90118 to an offense committed on or after the effective date of this Act.
91119 An offense committed before the effective date of this Act is
92120 governed by the law in effect on the date the offense was committed,
93121 and the former law is continued in effect for that purpose. For
94122 purposes of this section, an offense was committed before the
95123 effective date of this Act if any element of the offense occurred
96124 before that date.
97125 SECTION 3. This Act takes effect September 1, 2021.