Texas House Bill HB4480

Texas 2023 - 88th Regular

• Filed: 3/9/23

Caption

Relating to the prosecution and punishment of a criminal offense relating to making false statements or reports of child abuse or neglect.

Impact

If enacted, HB4480 will create stricter penalties for individuals found guilty of making false allegations concerning child abuse or neglect. This amendment to the criminal code is intended to deter individuals from filing fraudulent reports, thereby safeguarding the integrity of the reporting process and protecting those legitimately involved in child welfare proceedings. By setting these standards, the bill aims to reduce the burden on legal and social services that may be strained by baseless claims.

Summary

House Bill 4480 seeks to amend the Family Code regarding the prosecution and punishment associated with making false statements or reports of child abuse or neglect. Specifically, it establishes that a person commits an offense if they knowingly make a false report with the intent to deceive. The classification of the offense as either a state jail felony or a third-degree felony is contingent upon prior convictions or if the offense was motivated by bias or prejudice.

Sentiment

Discussion surrounding HB4480 appears to be mixed, although the general sentiment leans towards supporting the enforcement of stricter penalties for false statements concerning child abuse. Proponents argue this will strengthen the legal framework surrounding child welfare and punishment for those who misuse the system. However, there are concerns that the bill may unintentionally suppress genuine reports from individuals fearful of facing legal repercussions for unsubstantiated claims, potentially putting children at risk if true abuse goes unreported.

Contention

A notable point of contention centers around the potential chilling effect of the bill on the reporting behaviors of individuals who may have legitimate concerns regarding child safety. Critics argue that the introduction of harsher penalties could lead to a decrease in the number of reports, as individuals may hesitate to come forward. Exploring the balance between deterring misuse of abuse reporting and ensuring that genuine cases of child welfare concerns are reported poses a significant challenge as discussions progress.

Texas Constitutional Statutes Affected

Family Code

• Chapter 261. Investigation Of Report Of Child Abuse Or Neglect
  • Section: 107