Texas 2023 - 88th Regular

Texas House Bill HB505 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R962 MCF-D
2	2	By: Wu H.B. No. 505
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prosecution of and punishment for the criminal
8	8	offense of hindering the investigation or prosecution of certain
9	9	sexual offenses committed against a child; increasing criminal
10	10	penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 38.17, Penal Code, is amended to read as
13	13	follows:
14	14	Sec. 38.17. HINDERING INVESTIGATION OR PROSECUTION OF
15	15	CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES
16	16	COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section,
17	17	"sexual offense against a child" means conduct that constitutes an
18	18	offense under:
19	19	(1) Section 20A.02(a)(7) or (8) (Trafficking of
20	20	Persons);
21	21	(2) Section 20A.03 (Continuous Trafficking of
22	22	Persons), if the offense is based partly or wholly on conduct that
23	23	constitutes an offense under Section 20A.02(a)(7) or (8);
24	24	(3) Section 21.02 (Continuous Sexual Abuse of Young
25	25	Child or Disabled Individual);
26	26	(4) Section 21.11(a)(1) (Indecency with a Child);
27	27	(5) Section 22.011(a)(2) (Sexual Assault of a Child);
28	28	(6) Section 22.021(a)(1)(B) (Aggravated Sexual
29	29	Assault of a Child);
30	30	(7) Section 43.05(a)(2) (Compelling Prostitution); or
31	31	(8) Section 43.25 (Sexual Performance by a Child).
32	32	(b) A person 17 years of age or older[, other than a person
33	33	who has a relationship with a child described by Section 22.04(b),]
34	34	commits an offense if the person:
35	35	(1) commits an offense under Section 261.109, Family
36	36	Code, by failing to report a sexual offense against a child as
37	37	provided by Chapter 261 of that code [the actor observes the
38	38	commission or attempted commission of an offense prohibited by
39	39	Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
40	40	reasonable person would believe that an offense of a sexual or
41	41	assaultive nature was being committed or was about to be committed
42	42	against the child]; and
43	43	(2) engages in conduct intended to hinder the
44	44	investigation or prosecution of the sexual offense against a child,
45	45	including by:
46	46	(A) altering, destroying, or concealing any
47	47	record, document, or thing to impair its verity, legibility, or
48	48	availability as evidence in the investigation or prosecution;
49	49	(B) interfering with the willingness of a witness
50	50	to the sexual offense to report that offense to, or cooperate in the
51	51	investigation or prosecution of the offense with, a law enforcement
52	52	agency or the Department of Family and Protective Services or
53	53	otherwise preventing the report by or cooperation of the witness;
54	54	(C) harboring or concealing the person who
55	55	committed the sexual offense;
56	56	(D) providing or aiding in providing the person
57	57	who committed the sexual offense with a means to avoid
58	58	investigation or arrest, including by assisting the person in
59	59	relocating to another area; or
60	60	(E) providing false information regarding the
61	61	sexual offense to a law enforcement agency or to the Department of
62	62	Family and Protective Services [the actor fails to assist the child
63	63	or immediately report the commission of the offense to a peace
64	64	officer or law enforcement agency; and
65	65	[(3) the actor could assist the child or immediately
66	66	report the commission of the offense without placing the actor in
67	67	danger of suffering serious bodily injury or death].
68	68	(c) [(b)] An offense under this section is a felony of the
69	69	third degree, except that the offense is a felony of the second
70	70	degree if:
71	71	(1) the person who committed the sexual offense
72	72	against a child commits a subsequent sexual offense against a
73	73	child; and
74	74	(2) the actor's failure to report the sexual offense
75	75	against a child enabled or facilitated the person's commission of
76	76	the subsequent offense [Class A misdemeanor].
77	77	(d) The following information is confidential and not
78	78	subject to disclosure under Chapter 552, Government Code:
79	79	(1) the name of the child who is the victim of the
80	80	sexual offense described by Subsection (b);
81	81	(2) the name of the actor, until the actor is charged
82	82	with an offense under this section; and
83	83	(3) the name of the person whom the actor believes to
84	84	have committed the sexual offense described by Subsection (b),
85	85	until the person is charged with the applicable offense.
86	86	SECTION 2. The change in law made by this Act applies only
87	87	to an offense committed on or after the effective date of this Act.
88	88	An offense committed before the effective date of this Act is
89	89	governed by the law in effect on the date the offense was committed,
90	90	and the former law is continued in effect for that purpose. For
91	91	purposes of this section, an offense was committed before the
92	92	effective date of this Act if any element of the offense occurred
93	93	before that date.
94	94	SECTION 3. This Act takes effect September 1, 2023.