Texas Penal Code 38.19 – Failure to Provide Notice and Report of Death of Resident of Institution
WHAT IS FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
Texas law requires superintendents and managers of certain institutions and correctional facilities to report inmate deaths within 24 hours to the Attorney General’s office, or other appropriate authorities, depending on the circumstances surrounding the inmate’s death. Failing to provide the required notice and report of the death of a resident in an institution is punishable as a misdemeanor in Texas.
WHAT IS THE FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION LAW IN TEXAS?
Tex. Penal Code § 38.19. FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION.
(a) A superintendent or general manager of an institution commits an offense if, as required by Article 49.24 or 49.25, Code of Criminal Procedure, the person fails to:
(1) provide notice of the death of an individual under the care, custody, or control of or residing in the institution;
(2) submit a report on the death of the individual; or
(3) include in the report material facts known or discovered by the person at the time the report was filed.
(b) An offense under this section is a Class B misdemeanor.
WHAT IS THE PENALTY CLASS FOR FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
Failing to provide notice and a report of an institution resident’s death is a Class B misdemeanor, punishable by up to 180 days in county jail.
WHAT IS THE PUNISHMENT RANGE FOR FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
The punishment range for failure to provide notice of and report an institution resident’s death, a Class B misdemeanor, is up to 180 days in jail, and a maximum fine of $2,000.
WHAT ARE THE PENALTIES FOR FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
A person charged with failing to provide notice and a report of an institution resident’s or inmate’s death 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 PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
The statute does not authorize specific defenses to failing to provide notice and report of death of a residence of an institution. 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 PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS?
The limitation period for failing to provide the notice and a report of an institution resident’s death, a Class B misdemeanor, is two years.
FAILURE TO PROVIDE NOTICE AND REPORT OF DEATH OF RESIDENT OF INSTITUTION IN TEXAS
The State has an interest in regulating the treatment of inmates or other institution residents. Texas law aims to further protect inmates by placing responsibility on those in charge of correctional facilities to obtain all relevant facts surrounding inmate deaths, and report inmate deaths to authorities for any necessary further investigation.
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WE FIGHT FOR DISMISSAL
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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. State eventually dismissed DWI charge. Client received no criminal conviction.
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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