HB734 - Relating to the failure to report child abuse or neglect; increasing a criminal penalty.

  89R4297 AMF-D     By: Leach H.B. No. 734       A BILL TO BE ENTITLED   AN ACT   relating to the failure to report child abuse or neglect;   increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 261.109(c), Family Code, is amended to   read as follows:          (c)  An offense under Subsection (a-1) is a Class A   misdemeanor, except that the offense is a state jail felony if it is   shown on the trial of the offense that :                 (1)   the actor intended to conceal the abuse or   neglect ; or                 (2)  the conduct the actor failed to report:                       (A)  constitutes the offense of:                             (i)     continuous sexual abuse of young child   under Section 21.02, Penal Code;                             (ii)     indecency with a child under Section   21.11, Penal Code;                             (iii)     sexual assault under Section 22.011,   Penal Code;                             (iv)     aggravated sexual assault under   Section 22.021, Penal Code;                             (v)     trafficking of persons under Section   20A.02(a)(7) or (8), Penal Code;                             (vi)     solicitation of prostitution under   Section 43.021, Penal Code; or                             (vii)     compelling prostitution under   Section 43.05(a)(2), Penal Code;                       (B)     is compelling or encouraging the child to   engage in sexual conduct as defined by Section 43.01, Penal Code;                       (C)     is causing, permitting, encouraging,   engaging in, or allowing the photographing, filming, or depicting   of the child if the person knew or should have known that the   resulting photograph, film, or depiction of the child is obscene as   defined by Section 43.21, Penal Code, or pornographic; or                       (D)     is causing, permitting, encouraging,   engaging in, or allowing a sexual performance by a child as defined   by Section 43.25, Penal Code .          SECTION 2.  The changes in law made by this Act apply 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 that   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, 2025.