| 1 | 1 | | 88R1366 SCP-D |
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| 2 | 2 | | By: Reynolds H.B. No. 1220 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to failure to report assault, neglect, or omission of care |
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| 8 | 8 | | in certain group homes; creating a criminal offense. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 11 | 11 | | Section 38.172 to read as follows: |
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| 12 | 12 | | Sec. 38.172. FAILURE TO REPORT ASSAULT, NEGLECT, OR |
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| 13 | 13 | | OMISSION OF CARE IN CERTAIN GROUP HOMES. (a) For purposes of this |
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| 14 | 14 | | section, "group home" means an establishment that provides, in one |
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| 15 | 15 | | or more buildings, lodging to three or more residents who are |
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| 16 | 16 | | unrelated by blood or marriage to the owner of the establishment and |
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| 17 | 17 | | that provides those residents with community meals, light |
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| 18 | 18 | | housework, meal preparation, transportation, grocery shopping, |
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| 19 | 19 | | money management, laundry services, or assistance with |
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| 20 | 20 | | self-administration of medication but does not provide them with |
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| 21 | 21 | | personal care services as defined by Section 247.002, Health and |
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| 22 | 22 | | Safety Code. The term does not include an establishment described |
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| 23 | 23 | | by Section 260.002, Health and Safety Code. |
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| 24 | 24 | | (b) A person commits an offense if the person: |
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| 25 | 25 | | (1) has reasonable cause to believe that a resident of |
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| 26 | 26 | | a group home has suffered bodily injury due to assault, neglect, or |
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| 27 | 27 | | an omission in care; and |
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| 28 | 28 | | (2) fails to report that fact to law enforcement or the |
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| 29 | 29 | | Department of Family and Protective Services. |
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| 30 | 30 | | (c) An offense under this section is a state jail felony. |
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| 31 | 31 | | (d) If conduct constituting an offense under this section |
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| 32 | 32 | | also constitutes an offense under any other law, the actor may be |
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| 33 | 33 | | prosecuted under this section, the other law, or both. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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