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. In 2025, the legislature enacted a nonsubstantive recodification that, effective April 1, 2027, renumbers Code of Criminal Procedure provisions and updates a cross-reference from Article 49.18 to Article 49A.153 without changing the elements or penalties. Otherwise, this law has not been amended since 1995.

The Penal Code classifies 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?

AV Preeminent Texas lawyer Paul Saputo provides the current law defining 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.

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.

Note: effective April 1, 2027, the cross-reference in §39.05(a) is renumbered from Code of Criminal Procedure Art. 49.18 to Art. 49A.153, with no substantive change.

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,^[2] with a maximum possible fine under Texas state law of up to $2,000 and jail time of up to 180 days.

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 limitations 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.^[3]

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]

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 2025.^2. Texas Penal Code §39.05(c)

^3. See Code of Criminal Procedure 12.02(a)^4. See Chapter 42A, Texas Code of Criminal Procedure, Art. 42A.054, Art. 42A.056, Art. 42A.102