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


Office of House Bill AnalysisH.B. 628
By: Hope
Criminal Jurisprudence
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a person who has knowledge of an act of aggravated sexual
assault of a child is 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(a)(2)(B) (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 the child; 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)(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 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.