Relating to the offense of failure to report child abuse or neglect by certain professionals and the statute of limitations for that offense; harmonizing other statute of limitations provisions.

BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Texas law requires those who suspect child abuse or neglect to report it. This requirement is oftentimes abused, yet at the same time, goes unpunished in many cases of ongoing abuse, like the one that recently occurred at Rockwall Independent School District (ISD).

Especially in cases of staff who are tasked with the care of children, failure to report abuse or intentionally conceal it is unacceptable. Currently, failure to report child abuse or neglect is categorized as a Class A misdemeanor, unless the failure to report was accompanied by an intentional cover-up, in which case it is a state jail felony. This means that the current statute of limitations for this crime is two years or three years, respectively.

In many cases, abuse is not reported or discovered until several years after it takes place. Those who did not report the abuse at the time of occurrence or intentionally covered it up ought to be held accountable, despite the length of time between the abuse taking place and being discovered.

This Bill Would:

�Increase the statute of limitations to four years after the action is discovered in cases where failure to report is categorized as a felony, meaning that the abuse was intentionally concealed; and

�Increase the statute of limitations to three years after the action is discovered in cases where failure to report is categorized as a Class A misdemeanor.

As proposed, S.B. 127 amends current law relating to the offense of failure to report child abuse or neglect by certain professionals and the statute of limitations for that offense and harmonizes other statute of limitations provisions.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Reenacts Article 12.01, Code of Criminal Procedure, Chapters 93 (S.B. 1527), 118 (H.B. 467), 127 (H.B. 1207), 422 (H.B. 1769), 520 (H.B. 3025), 689 (H.B. 1506), 704 (H.B. 2019), 709 (H.B. 2190), 768 (H.B. 4595), 830 (H.B. 2187), 885 (H.B. 4635), and 1041 (S.B. 129), Acts of the 88th Legislature, Regular Session, 2023, and amends it, as follows:

Art. 12.01. FELONIES. Provides that, except as provided in Articles 12.015 and 12.03, felony indictments are authorized to be presented within these limits, and afterward:

(1) no limitation:

(A)-(H) makes no changes to these paragraphs;

�

(I) makes a nonsubstantive change to this paragraph;

(J) makes no changes to this paragraph;

(K) redesignates existing Paragraph (J) as Paragraph (K) and makes� a nonsubstantive change to this paragraph; or

(L) redesignates existing Paragraph (J) as Paragraph (L) and makes no further changes;

(2) ten years from the date of the commission of the offense:

(A)-(D) makes no changes to these paragraphs;

(E) sexual assault, except as provided by Subdivision (1) or (9), rather than Subdivision (1) or (8); or

(F)-(H) makes no changes to these paragraphs;

(3) makes no changes to this subdivision;

(4) five years from the date of the commission of the offense:

(A)-(B) makes no changes to these paragraphs;

(C)-(D) redesignates existing Paragraphs (B-1) and (C) as Paragraphs (C) and (D) and makes no further changes;

(E) abandoning or endangering an elderly or disabled individual, rather than a child, elderly individual,� or disabled individual; or

(F)-(I) redesignates existing Paragraphs (E), (F), (G), and (H) as Paragraphs (F), (G), (H), and (I) and makes no further changes;

(5) if the investigation of the offense shows that the victim is younger than 17 years of age at the time the offense is committed, 20 years from the 18th birthday of the victim of one of the following offenses:

(A) makes no changes to this subdivision; or

(B) subject to Subdivision (1)(L), rather than Subdivision (1)(J), burglary under Section 30.02, Penal Code, under certain conditions;

(6) 20 years from the 18th birthday of the victim of one of the following offenses:

(A) trafficking of a child, rather than trafficking of persons, under certain sections of the Penal Code; or

(B) makes no changes to this paragraph;

(7) ten years from the 18th birthday of the victim of the offense:

(A)-(B) make no changes to these paragraphs; or

(C) redesignates existing Paragraph (D) as Paragraph (C) and makes no further changes;

(8) redesignates existing Subdivision (7) as Subdivision (8) and makes no further changes;

(9) four years from the date the offense was discovered: failure to report child abuse or neglect if the offense is punishable as a state jail felony under Section 261.109(c) (relating to providing that failing to report an offense 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 the actor intended to conceal the abuse or neglect), Family Code; or

(10)-(11) redesignates existing Subdivisions (8) and (9) as Subdivisions (10) and (11).

Makes a nonsubstantive change to this subsection.

SECTION 2. Amends Article 12.02, Code of Criminal Procedure, by amending Subsection (a) and adding Subsection (c), as follows:

(a) Authorizes certain charging instruments, except as provided by Subsections (b) (relating to authorizing an indictment, information, or complaint, as applicable, for assault to be presented three years from the date of the commission of the offense, and not afterward, if the offense meets certain requirements) and (c), rather than Subsection (b), to be presented within two years from the date of the commission of the offense, and not afterward.

(c) Authorizes an indictment or information, as applicable, for failure to report child abuse or neglect to be presented within three years from the date the offense was discovered, and not afterward, if the offense is punishable as a Class A misdemeanor under Section 261.109(c), Family Code.

SECTION 3. Provides that the change in law made by this Act does not apply to the prosecution of an offense that is punishable under Section 261.109(c), Family Code, if the prosecution of that offense becomes barred by limitation before the effective date of this Act. Provides that the prosecution of that offense remains barred as if this Act had not taken effect.

SECTION 4. Effective date: September 1, 2025.