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2025 Texas Statutes
Penal Code
Title 8 - Offenses Against Public Administration
Chapter 39 - Abuse of Office
Section 39.05. Failure to Report Death of Prisoner

Universal Citation:
TX Penal Code § 39.05 (2025)
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Sec. 39.05. FAILURE TO REPORT DEATH OF PRISONER.

Text of subsection effective until April 01, 2027

(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.

Text of subsection effective on April 01, 2027

(a) A person commits an offense if the person is required to conduct an investigation and file a report by Article 49A.153, 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.

Amended by:

Acts 2025, 89th Leg., R.S., Ch. 202 (H.B. 1610), Sec. 2.21, eff. April 1, 2027.

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