Failure to Report Death of Prisoner: Texas Penal Code §39.05

The Texas Failure to Report Death of Prisoner law makes it crime for people who are required to investigate deaths in a detention facility to fail to report a death of a prisoner, fail to investigate a death of a prisoner, or fail to include facts in the investigation of the death of a prisoner.

The Texas legislature codified this criminal offense in Texas Penal Code Section 39.05. The legislature did not update this law in 2023. In fact, this law has not been amended since 1995.

The Penal Code codifies the Texas Failure to Report Death of Prisoner law under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse Of Office.” Learn more about the Texas offense of Failure to Report Death of Prisoner below.

What is the current Texas law about Failure to Report Death of Prisoner?

The current Texas law defines the offense of Failure to Report Death of Prisoner in Penal Code Section §39.05 as follows:^[1]

(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.

How can I be charged with a Failure to Report Death of Prisoner offense in Texas?

You can be charged with Failure to Report Death of Prisoner in Texas if the state’s attorneys believe that each of the elements of 39.05(a)(b) as described in the section above have been met.

What is the statute of limitation for Failure to Report Death of Prisoner in Texas?

As a misdemeanor, Failure to Report Death of Prisoner charges have a two-year limitations period.^[2]

What is the penalty for a Texas Failure to Report Death of Prisoner offense?

A conviction for Failure to Report Death of Prisoner in Texas is punished as a Class B misdemeanor,^[3] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days. Learn about the differences between grades of felonies and misdemeanors here.

Can you get probation for Failure to Report Death of Prisoner in Texas?

The Texas Code of Criminal Procedure allows both judges and juries to grant probation for Failure to Report Death of Prisoner, and judges are also allowed to accept deferred adjudication plea deals.^[4]

Note, however, that judges may not grant community supervision after a conviction if (1) the defendant used or exhibited a deadly weapon during the commission of the felony or immediate flight thereafter and (2) the defendant used or exhibited the deadly weapon himself or was a party to the offense and knew that a deadly weapon would be used or exhibited.^[5]

What level of crime is Failure to Report Death of Prisoner in Texas?

The Penal Code classifies Failure to Report Death of Prisoner as a Class B misdemeanor.

Learn more about the penalty range for this offense in the section above.

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Legal References:

^1. Texas Penal Code §39.05. This law is current as of the 88th Legislature Regular Session.^2. See Code of Criminal Procedure 12.02(a)^3. Texas Penal Code §39.05(c)

^4. See Chapter 42, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102 .^5. Art. 42A.054(b), Texas Code of Criminal Procedure