Bill: HB 1205, 83(R) - 2013

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Positive Neutral Neutral

Author(s)

Tan Parker

Bill Caption

Relating to the offense of failure to report abuse or neglect of a child.

Fiscal Notes

No significant fiscal impact is anticipated on the State or local governments.

Bill Analysis

Summary: Under current law (Section 261.101 of the Family Code) a "professional" such as a teacher, doctor, nurse, or child care provider, must report to authorities if the professional "has cause to believe that a child has been abused or neglected or may be abused or neglected" within 48 hours of the suspicion. HB 1205 specifies that if a professional who is required to report under Section 261.101 "knowingly fails to make a report" of child abuse or neglect, the offense is a Class A misdemeanor. HB 1205 enhances the penalty for such an offense to a state jail felony if it is shown at trial that the defendant intended to conceal the child abuse or neglect.

Analysis: Statute already requires certain professionals to report suspected child abuse or neglect. This legislation simply specifies the penalties for failing to comply with the law. The penalties are set on a graduating scale so that a professional who is demonstrated at trial to have knowingly failed to report suspected abuse or neglect and is proven to have "intended to conceal" that neglect is held to a higher standard of responsibility. Professionals required to report suspected abuse are specified in statute. We encourage legislators to support HB 1205.


Source URL (retrieved on 03/29/2024 04:03 AM): http://reports.texasaction.com/bill/83r/hb1205?print_view=true