87R24833 KJE-D     By: Huffman, et al. S.B. No. 568     (Wu)     Substitute the following for S.B. No. 568:  No.       A BILL TO BE ENTITLED   AN ACT   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 [FAILURE TO STOP OR REPORT AGGRAVATED] SEXUAL OFFENSES   COMMITTED AGAINST A [ASSAULT OF] 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);                (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[, other than a person   who has a relationship with a child described by Section 22.04(b),]   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 [the actor observes the   commission or attempted commission of an offense prohibited by   Section 21.02 or 22.021(a)(2)(B) under circumstances in which a   reasonable person would believe that an offense of a sexual or   assaultive nature was being committed or was about to be committed   against the child]; 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 [the actor fails to assist the child   or immediately report the commission of the offense to a peace   officer or law enforcement agency; and                [(3)  the actor could assist the child or immediately   report the commission of the offense without placing the actor in   danger of suffering serious bodily injury or death].          (c) [(b)]  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 [Class A misdemeanor].          (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.