BILL ANALYSIS



H.B. 1079
By: West
5-3-95
Committee Report (Unamended)


BACKGROUND

Under current law (Section 37.09, Penal Code), a person commits an
offense if, knowing that an investigation or official proceeding is
pending or in progress, he tampers with or fabricates physical
evidence.  The law makes no provision, however, for those instances
when an individual, knowing an offense has been committed, tampers
with or fabricates physical evidence, after the offense has been
committed but prior to the point at which an investigation or
official proceeding is legally considered to have been pending or
in progress.  As it is now, an individual can purposefully and
deliberately inhibit or foil a related investigation and/or
subsequent prosecution of that offense by disturbing, in some form
or fashion, the physical evidence.

PURPOSE

If enacted, H.B. 1079 would help protect the integrity and goodness
of any materials which eventually could be considered physical
evidence from the point in time when the offense occurs and the
point in time--now covered by the law--at which a related
investigation or official proceeding legally begins.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.09, Penal Code (TAMPERING WITH OR
FABRICATING PHYSICAL EVIDENCE), by adding Subsection (d) as
follows:  classifies as an offense the act of altering, destroying,
or concealing any record, document, or thing with intent to impair
its verity, legibility, or availability as evidence.

SECTION 2. 

     (a) Change in law made by this Act applies only to an offense
     committed on or after the effective date of the Act.
     (b) Makes effect of the Act prospective.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

HB 1079 was considered by the full committee in a public hearing on
May 1, 1995.  The following person testified for the bill:
     Al Shore, representing himself.

The bill was left pending.  HB 1079 was considered by the full
committee in a public hearing on May 3, 1995.  HB 1079 was reported
favorably without amendment, with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 5 ayes, 0 nays, 0 pnv, and
4 absent.