Bill Text: TX SB568 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the prosecution of and punishment for the criminal offense of hindering the investigation or prosecution of certain sexual offenses committed against a child; increasing criminal penalties.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2021-05-25 - Placed on General State Calendar [SB568 Detail]
Download: Texas-2021-SB568-Comm_Sub.html
87R24833 KJE-D | ||
By: Huffman, et al. | S.B. No. 568 | |
(Wu) | ||
Substitute the following for S.B. No. 568: No. |
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relating to the prosecution of and punishment for the criminal | ||
offense of hindering the investigation or prosecution of certain | ||
sexual offenses committed against a child; increasing criminal | ||
penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 38.17, Penal Code, is amended to read as | ||
follows: | ||
Sec. 38.17. HINDERING INVESTIGATION OR PROSECUTION OF | ||
CERTAIN [ |
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COMMITTED AGAINST A [ |
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"sexual offense against a child" means conduct that constitutes an | ||
offense under: | ||
(1) Section 20A.02(a)(7) or (8) (Trafficking of | ||
Persons); | ||
(2) Section 20A.03 (Continuous Trafficking of | ||
Persons), if the offense is based partly or wholly on conduct that | ||
constitutes an offense under Section 20A.02(a)(7) or (8); | ||
(3) Section 21.02 (Continuous Sexual Abuse of Young | ||
Child or Children); | ||
(4) Section 21.11(a)(1) (Indecency with a Child); | ||
(5) Section 22.011(a)(2) (Sexual Assault of a Child); | ||
(6) Section 22.021(a)(1)(B) (Aggravated Sexual | ||
Assault of a Child); | ||
(7) Section 43.05(a)(2) (Compelling Prostitution); or | ||
(8) Section 43.25 (Sexual Performance by a Child). | ||
(b) A person 17 years of age or older[ |
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commits an offense if the person: | ||
(1) commits an offense under Section 261.109, Family | ||
Code, by failing to report a sexual offense against a child as | ||
provided by Chapter 261 of that code [ |
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(2) engages in conduct intended to hinder the | ||
investigation or prosecution of the sexual offense against a child, | ||
including by: | ||
(A) altering, destroying, or concealing any | ||
record, document, or thing to impair its verity, legibility, or | ||
availability as evidence in the investigation or prosecution; | ||
(B) interfering with the willingness of a witness | ||
to the sexual offense to report that offense to, or cooperate in the | ||
investigation or prosecution of the offense with, a law enforcement | ||
agency or the Department of Family and Protective Services or | ||
otherwise preventing the report by or cooperation of the witness; | ||
(C) harboring or concealing the person who | ||
committed the sexual offense; | ||
(D) providing or aiding in providing the person | ||
who committed the sexual offense with a means to avoid | ||
investigation or arrest, including by assisting the person in | ||
relocating to another area; or | ||
(E) providing false information regarding the | ||
sexual offense to a law enforcement agency or to the Department of | ||
Family and Protective Services [ |
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[ |
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(c) [ |
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third degree, except that the offense is a felony of the second | ||
degree if: | ||
(1) the person who committed the sexual offense | ||
against a child commits a subsequent sexual offense against a | ||
child; and | ||
(2) the actor's failure to report the sexual offense | ||
against a child enabled or facilitated the person's commission of | ||
the subsequent offense [ |
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(d) Except as otherwise provided by this subsection, the | ||
following information may not be released to the public and is not | ||
public information under Chapter 552, Government Code: | ||
(1) the name of the child who is the victim of the | ||
sexual offense described by Subsection (b); | ||
(2) the name of the actor, until the actor is charged | ||
with an offense under this section; and | ||
(3) the name of the person whom the actor believes to | ||
have committed the sexual offense described by Subsection (b), | ||
until the person is charged with the applicable offense. | ||
SECTION 2. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 3. This Act takes effect September 1, 2021. |