HBA-GUM, NLM, H.B. 628 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 628
By: Hope
Criminal Jurisprudence
6/21/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a person who had knowledge of an act
of aggravated sexual assault of a child was not required by law to inform a
peace officer or law enforcement agency.  H.B. 628 provides that a person
commits a Class A misdemeanor if the person: observes the commission or
attempted commission of an offense prohibited by Section 22.021(Aggravated
Sexual Assault) under circumstances in which a reasonable person would
believe that an offense of a sexual or assaultive nature was being
committed or about to be committed against a child younger than 14 years of
age; fails to assist the child or immediately report the commission of the
offense to a peace officer or law enforcement agency; and  could assist the
child or immediately report the commission of the offense without being
placed in danger of suffering serious bodily injury or death. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Penal Code, by adding Section 38.17, as
follows: 

Sec.  38.17.  FAILURE TO STOP OR REPORT AGGRAVATED SEXUAL ASSAULT OF CHILD.
(a) Establishes that a person, other than a person who has a legal or
statutory duty to act or who has assumed care, custody, or control of a
child commits an offense if: 

(1)  the actor observes the commission or attempted commission of an
offense prohibited by Section 22.021(a)(2)(B) (relating to aggravated
sexual assault to a child younger than 14 years of age) under circumstances
in which a reasonable person would believe that an offense of a sexual or
assaultive nature was being committed or about to be committed against the
child; 

(2)  the actor fails to assist the child or immediately report the
commission of the offense to a peace officer or law enforcement agency; and 

(3)  the actor could assist the child or immediately report the commission
of the offense without being placed in danger of suffering serious bodily
injury or death. 

(b) Provides that an offense under this section is a Class A misdemeanor.

SECTION 2.  Effective date:  September 1, 1999.

SECTION 3.  Emergency clause.