Texas Penal Code 39.05 – Failure to Report Death of Prisoner

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/ Texas Penal Code 39.05 – Failure to Report Death of Prisoner

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Texas Penal Code 39.05 – Failure to Report Death of Prisoner

WHAT IS FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

Texas law requires the sheriff, or other person in charge of a penal institution, to timely and accurately notify appropriate authorities when prisoners and inmates die in the institution. When a person does not follow the required notification procedures, he or she may be charged with the misdemeanor offense of failure to report the death of a prisoner.

WHAT IS THE FAILURE TO REPORT DEATH OF PRISONER LAW IN TEXAS?

Tex. Penal Code § 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.

WHAT IS THE PENALTY CLASS FOR FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

Failing to report the death of a prisoner is a Class B misdemeanor, punishable by up to 180 days in county jail.

WHAT IS THE PUNISHMENT RANGE FOR FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

Failing to report the death of a prisoner, a Class B misdemeanor, carries up to 180 days in jail, and a maximum fine of $2,000.

WHAT ARE THE PENALTIES FOR FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

A person charged with the failure to report the death of a prisoner may be eligible for probation after a conviction, or deferred adjudication without a conviction, for a period not to exceed two years.

WHAT ARE THE DEFENSES TO FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

The statute does not authorize specific defenses to failure to report the death of a prisoner. A person accused thereof may assert any defense in an attempt to negate at least one of the elements the State must prove at trial. For example, an accused may argue he or she lacked the requisite knowledge or intent to commit the offense.

WHAT IS THE STATUTE OF LIMITATIONS FOR FAILURE TO REPORT DEATH OF PRISONER IN TEXAS?

The limitation period for the failure to report the death of a prisoner, a Class B misdemeanor, is two years.

FAILURE TO REPORT DEATH OF PRISONER IN TEXAS

By criminalizing the failure to timely and accurately report a prisoner’s death, the law aims to protect prisoners’ rights, and prevent excessive use of force or abuse of power by jail employees and officials.

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CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15

Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

CHARGES DISMISSED

DRIVING WHILE INTOXICATED .15+

Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest.

CHARGES DISMISSED

DWI 2ND

Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

CHARGES DISMISSED

DRIVING UNDER THE INFLUENCE

Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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