HBA-EDN S.B. 1313 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1313
By: Staples
Criminal Jurisprudence
5/7/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, there is a loophole in state law that does not allow for the
prosecution of an individual who observes the commission of a felony but
fails to report it to a peace officer or a law enforcement agency. Senate
Bill 1313 provides that the failure to report the commission of certain
felony offenses which may result in serious bodily injury or death is a
Class A misdemeanor. 

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. 

ANALYSIS

Senate Bill 1313 amends the Penal Code to provide that a person commits a
Class A misdemeanor if the actor: 

_observes the commission of a felony under circumstances in which a
reasonable person would believe that an offense of a serious nature had
been committed in which serious bodily injury or death may have resulted; 

_fails to immediately report the commission of the offense to a peace
officer or law enforcement agency and a reasonable person would believe
that the commission of the offense had not been reported; and  

_could immediately report the commission of the offense without placing the
actor in danger of suffering serious bodily injury or death. 

EFFECTIVE DATE

September 1, 2001.