Failure to Report the Death of Person in Custody

From the Law Office of Alison Grinter in Dallas, Texas

1 Degree
2 Statute(s)
3 Caselaw
4 Collateral Consequences
5 Notes

Degree

Failure to report the death of a prisoner is a Class_B_misdemeanor

Statute(s)

Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER.

(a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49.18, Code of Criminal Procedure, and the person fails to investigate the death, fails to file the report as required, or fails to include in a filed report facts known or discovered in the investigation.
(b) A person commits an offense if the person is required by Section 501.055, Government Code, to:
   (1) give notice of the death of an inmate and the person fails to give the notice; or
   (2) conduct an investigation and file a report and the person:
      (A) fails to conduct the investigation or file the report; or
      (B) fails to include in the report facts known to the person or discovered by the person in the investigation.
(c) An offense under this section is a Class B misdemeanor.
Added by Acts 1983, 68th Leg., p. 2510, ch. 441, Sec. 2, eff. Sept. 1, 1983. Renumbered from Penal Code Sec. 39.022 and amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994. Amended by Acts 1995, 74th Leg., ch. 321, Sec. 1.104, eff. Sept. 1, 1995.