Reynolds Bill Stacks A New Felony On Already Covered Conduct

The text as introduced · 698 words

90R3670 MEW-D

By: Reynolds
H.B. No. 794

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the criminal offense of hindering the

investigation or prosecution of certain sexual offenses committed

against a child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Penal Code, is amended by adding

Section 38.165 to read as follows:

Sec. 38.165. HINDERING INVESTIGATION OR PROSECUTION OF

CERTAIN SEXUAL OFFENSES COMMITTED AGAINST A CHILD. (a) In this

section, "sexual offense against a child" means conduct that

constitutes an offense under:

(1) Section 20A.02(a)(7) or (8) (Trafficking of

Persons), if the offense is based partly or wholly on conduct

committed against a child younger than 18 years of age;

(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) committed

against a child younger than 18 years of age;

(3) Section 21.02 (Continuous Sexual Abuse of Young

Child or Disabled Individual), if the offense is based partly or

wholly on conduct committed against a child younger than 14 years of

age;

(4) Section 21.11(a)(1) (Indecency with a Child);

(5) Section 22.011(a)(2) (Sexual Assault);

(6) Section 22.021(a)(1)(B) (Aggravated Sexual

Assault);

(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 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; and

(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.

(c) An offense under this section is a felony of the 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.

(d) The following information is confidential and not

subject to disclosure 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.

(e) If conduct constituting an offense under this section

also constitutes an offense under another section of this code, the

actor may be prosecuted under either section or under both

sections.

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, 2027.