Texas 2025 89th Regular

Texas House Bill HB1255 Introduced / Bill

Filed 11/12/2024

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                    89R1312 MZM-D
 By: Toth H.B. No. 1255




 A BILL TO BE ENTITLED
 AN ACT
 relating to increasing the criminal penalty for certain offenses
 committed by a professional who is required to report child abuse or
 neglect and against a child under the care of that professional.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter D, Chapter 12, Penal Code, is amended
 by adding Section 12.503 to read as follows:
 Sec. 12.503.  PROFESSIONALS REQUIRED TO REPORT CHILD ABUSE
 OR NEGLECT: PENALTY FOR CERTAIN OFFENSES COMMITTED AGAINST CHILDREN
 UNDER THEIR CARE. (a) Subject to Subsection (c), the punishment for
 an offense described by Subsection (b) is increased to the
 punishment prescribed for the next higher category of offense if it
 is shown on the trial of the offense that the offense was committed:
 (1)  by a professional, as defined by Section 261.101,
 Family Code; and
 (2)  against a child who, at the time of the offense,
 was under the professional's care, custody, or control.
 (b)  The increase in punishment authorized by this section
 applies only to an offense under:
 (1)  Section 15.031;
 (2)  Section 15.032;
 (3)  Section 20A.02;
 (4)  Section 20A.03;
 (5)  Section 21.02;
 (6)  Section 21.11;
 (7)  Section 22.011;
 (8)  Section 22.012; or
 (9)  Section 22.021.
 (c)  If an offense listed under Subsection (b) is punishable
 as a Class A misdemeanor, the minimum term of confinement for the
 offense is increased to 180 days. If an offense listed under
 Subsection (b) is punishable as a felony of the first degree, the
 punishment for that offense may not be increased under this
 section.
 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, 2025.