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.