| 1 | 1 | | 89R4297 AMF-D |
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| 2 | 2 | | By: Leach H.B. No. 734 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the failure to report child abuse or neglect; |
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| 10 | 10 | | increasing a criminal penalty. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 261.109(c), Family Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) An offense under Subsection (a-1) is a Class A |
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| 15 | 15 | | misdemeanor, except that the offense is a state jail felony if it is |
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| 16 | 16 | | shown on the trial of the offense that: |
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| 17 | 17 | | (1) the actor intended to conceal the abuse or |
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| 18 | 18 | | neglect; or |
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| 19 | 19 | | (2) the conduct the actor failed to report: |
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| 20 | 20 | | (A) constitutes the offense of: |
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| 21 | 21 | | (i) continuous sexual abuse of young child |
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| 22 | 22 | | under Section 21.02, Penal Code; |
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| 23 | 23 | | (ii) indecency with a child under Section |
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| 24 | 24 | | 21.11, Penal Code; |
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| 25 | 25 | | (iii) sexual assault under Section 22.011, |
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| 26 | 26 | | Penal Code; |
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| 27 | 27 | | (iv) aggravated sexual assault under |
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| 28 | 28 | | Section 22.021, Penal Code; |
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| 29 | 29 | | (v) trafficking of persons under Section |
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| 30 | 30 | | 20A.02(a)(7) or (8), Penal Code; |
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| 31 | 31 | | (vi) solicitation of prostitution under |
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| 32 | 32 | | Section 43.021, Penal Code; or |
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| 33 | 33 | | (vii) compelling prostitution under |
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| 34 | 34 | | Section 43.05(a)(2), Penal Code; |
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| 35 | 35 | | (B) is compelling or encouraging the child to |
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| 36 | 36 | | engage in sexual conduct as defined by Section 43.01, Penal Code; |
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| 37 | 37 | | (C) is causing, permitting, encouraging, |
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| 38 | 38 | | engaging in, or allowing the photographing, filming, or depicting |
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| 39 | 39 | | of the child if the person knew or should have known that the |
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| 40 | 40 | | resulting photograph, film, or depiction of the child is obscene as |
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| 41 | 41 | | defined by Section 43.21, Penal Code, or pornographic; or |
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| 42 | 42 | | (D) is causing, permitting, encouraging, |
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| 43 | 43 | | engaging in, or allowing a sexual performance by a child as defined |
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| 44 | 44 | | by Section 43.25, Penal Code. |
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| 45 | 45 | | SECTION 2. The changes in law made by this Act apply only to |
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| 46 | 46 | | an offense committed on or after the effective date of this Act. An |
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| 47 | 47 | | offense committed before the effective date of this Act is governed |
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| 48 | 48 | | by the law in effect on the date the offense was committed, and that |
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| 49 | 49 | | law is continued in effect for that purpose. For purposes of this |
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| 50 | 50 | | section, an offense was committed before the effective date of this |
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| 51 | 51 | | Act if any element of the offense occurred before that date. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2025. |
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