H.B. No. 1509, also known as Shannah's Law, amends Section 38.17 of the Penal Code to address the offense of failure to stop or report aggravated sexual assault of a child. The bill removes the previous exemption for individuals who have a relationship with the child, thereby broadening the scope of individuals who can be prosecuted under this law. It establishes that a person commits an offense if they observe the commission or attempted commission of certain sexual offenses against a child and fail to assist or report the incident, provided they can do so without endangering themselves.
The bill increases the penalty for this offense from a Class A misdemeanor to a felony of the third degree, reflecting the seriousness of the crime. Additionally, it clarifies that if the conduct also constitutes an offense under another law, the individual may be prosecuted under both this section and the other law. The changes will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025.
Statutes affected: Introduced: Penal Code 38.17 (Penal Code 38)