Texas 2025 - 89th Regular

Texas House Bill HB2113 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R1729 MCF-D
2	2	By: Reynolds H.B. No. 2113
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the criminal offense of hindering the
10	10	investigation or prosecution of certain sexual offenses committed
11	11	against a child.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 38.17, Penal Code, is amended to read as
14	14	follows:
15	15	Sec. 38.17. HINDERING INVESTIGATION OR PROSECUTION OF
16	16	CERTAIN [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES
17	17	COMMITTED AGAINST A [ASSAULT OF] CHILD. (a) In this section,
18	18	"sexual offense against a child" means conduct that constitutes an
19	19	offense under:
20	20	(1) Section 20A.02(a)(7) or (8) (Trafficking of
21	21	Persons);
22	22	(2) Section 20A.03 (Continuous Trafficking of
23	23	Persons), if the offense is based partly or wholly on conduct that
24	24	constitutes an offense under Section 20A.02(a)(7) or (8);
25	25	(3) Section 21.02 (Continuous Sexual Abuse of Young
26	26	Child or Disabled Individual);
27	27	(4) Section 21.11(a)(1) (Indecency with a Child);
28	28	(5) Section 22.011(a)(2) (Sexual Assault of a Child);
29	29	(6) Section 22.021(a)(1)(B) (Aggravated Sexual
30	30	Assault of a Child);
31	31	(7) Section 43.05(a)(2) (Compelling Prostitution); or
32	32	(8) Section 43.25 (Sexual Performance by a Child).
33	33	(b) A person 17 years of age or older[, other than a person
34	34	who has a relationship with a child described by Section 22.04(b),]
35	35	commits an offense if the person:
36	36	(1) commits an offense under Section 261.109, Family
37	37	Code, by failing to report a sexual offense against a child as
38	38	provided by Chapter 261 of that code [the actor observes the
39	39	commission or attempted commission of an offense prohibited by
40	40	Section 21.02 or 22.021(a)(2)(B) under circumstances in which a
41	41	reasonable person would believe that an offense of a sexual or
42	42	assaultive nature was being committed or was about to be committed
43	43	against the child]; and
44	44	(2) engages in conduct intended to hinder the
45	45	investigation or prosecution of the sexual offense against a child,
46	46	including by:
47	47	(A) altering, destroying, or concealing any
48	48	record, document, or thing to impair its verity, legibility, or
49	49	availability as evidence in the investigation or prosecution;
50	50	(B) interfering with the willingness of a witness
51	51	to the sexual offense to report that offense to, or cooperate in the
52	52	investigation or prosecution of the offense with, a law enforcement
53	53	agency or the Department of Family and Protective Services or
54	54	otherwise preventing the report by or cooperation of the witness;
55	55	(C) harboring or concealing the person who
56	56	committed the sexual offense;
57	57	(D) providing or aiding in providing the person
58	58	who committed the sexual offense with a means to avoid
59	59	investigation or arrest, including by assisting the person in
60	60	relocating to another area; or
61	61	(E) providing false information regarding the
62	62	sexual offense to a law enforcement agency or to the Department of
63	63	Family and Protective Services [the actor fails to assist the child
64	64	or immediately report the commission of the offense to a peace
65	65	officer or law enforcement agency; and
66	66	[(3) the actor could assist the child or immediately
67	67	report the commission of the offense without placing the actor in
68	68	danger of suffering serious bodily injury or death].
69	69	(c) [(b)] An offense under this section is a felony of the
70	70	third degree, except that the offense is a felony of the second
71	71	degree if:
72	72	(1) the person who committed the sexual offense
73	73	against a child commits a subsequent sexual offense against a
74	74	child; and
75	75	(2) the actor's failure to report the sexual offense
76	76	against a child enabled or facilitated the person's commission of
77	77	the subsequent offense [Class A misdemeanor].
78	78	(d) The following information is confidential and not
79	79	subject to disclosure under Chapter 552, Government Code:
80	80	(1) the name of the child who is the victim of the
81	81	sexual offense described by Subsection (b);
82	82	(2) the name of the actor, until the actor is charged
83	83	with an offense under this section; and
84	84	(3) the name of the person whom the actor believes to
85	85	have committed the sexual offense described by Subsection (b),
86	86	until the person is charged with the applicable offense.
87	87	SECTION 2. The change in law made by this Act applies only
88	88	to an offense committed on or after the effective date of this Act.
89	89	An offense committed before the effective date of this Act is
90	90	governed by the law in effect on the date the offense was committed,
91	91	and the former law is continued in effect for that purpose. For
92	92	purposes of this section, an offense was committed before the
93	93	effective date of this Act if any element of the offense occurred
94	94	before that date.
95	95	SECTION 3. This Act takes effect September 1, 2025.