Failure to Report Death of Prisoner

Chapter 39 of the Texas Penal Code defines offenses relating to the abuse of office.

“Failure to Report Death of Prisoner”, as per § 39.05 of the Texas Penal Code, occurs when a 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.

A person commits an offense if the person is required by Section 501.055, Government Code, to:

  • give notice of the death of an inmate and the person fails to give the notice; or
  • conduct an investigation and file a report and the person:
  • fails to conduct the investigation or file the report; or
  • fails to include in the report facts known to the person or discovered by the person in the investigation.

An offense under this section is a Class B misdemeanor.

Punishment Range

Misdemeanor B

  • Confinement in jail for a term not to exceed 180 days
  • Fine not to exceed $2,000
  • Both such fine and confinement

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