The Failure to Report Death of Prisoner crime in the state of Texas 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. Learn more detailed information about the Failure to Report Death of Prisoner offense below.

Failure to Report Death of Prisoner is classified in the Texas Penal Code under Title 8 “Offenses Against Public Administration,” Chapter 39 “Abuse Of Office.”

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 Failure to Report Death of Prisoner?

You can be charged with Failure to Report Death of Prisoner 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 punishment for Failure to Report Death of Prisoner?

A conviction for Failure to Report Death of Prisoner 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. Learn about the differences between grades of felonies and misdemeanors

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Legal References:

^1. Texas Penal Code §39.05^2. Texas Penal Code §39.05(c)