HBA-NMO H.B. 270 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 270
By: Tillery
Criminal Jurisprudence
2/24/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Texas law does not provide a criminal penalty for a witness that
fails to report a sexual crime against a child to the proper authorities.
The Sherrice Iverson Act, introduced in the 105th Congress of the United
States in 1998, requires states to have such a law in effect to be eligible
to receive funds under the Child Abuse Prevention and Treatment Act.  The
Act is named for a seven year old girl who was sexually assaulted and
murdered in a Nevada casino.  A friend of the assailant witnessed the crime
but failed to report it.  The witness could not be charged because Nevada
law had no specific provision which required the witness to report the
crime.  H.B. 270 provides  a criminal penalty for a person who fails to
report the commission of certain sexual crimes against a child to a law
enforcement agency or peace officer.  

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 REPORT OFFENSE AGAINST CHILD.  (a) Provides that a
person commits an offense if the person is present during the commission of
an offense under Section 21.11 (Indecency With a Child), 22.011(a)(2)
(Sexual Assault of a Child), or 22.021(a)(2)(B) (Aggravated Sexual Assault
of a Person Younger than 14 years of Age), Penal Code, knows that the
offense is being committed, and fails to report the commission of the
offense to a  law enforcement agency or peace officer as soon as reasonably
practicable. 

(b) Provides that it is an exception to the application of this section
that the person could not report the commission of an offense listed in
Subsection (a) without placing the person, the victim of the offense, or
any person, other than the person committing the offense, at risk of bodily
injury.  

(c) Provides that an offense under this section is a Class B misdemeanor.

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.