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 provision that previously exempted individuals with a specific relationship to the child from being charged under this section. 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 risking serious bodily injury or death.
The bill significantly increases the penalty for this offense, changing it from a Class A misdemeanor to a felony of the third degree. 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)