BILL ANALYSIS



S.B. 1582
By: Turner (Place)
May 15, 1995
Committee Report (Unamended)


BACKGROUND

Currently, Texas has no obstruction of justice law.  The most
similar law involves tampering with or fabricating physical
evidence, and Section 38.05, Penal Code (Hindering Apprehension or
Prosecution).

Currently, any person who tampers with evidence when a crime has
been committed but the offender has not yet been apprehended would
be immune from prosecution because no investigation has commenced. 
For example, an individual could watch a murder take place and
then, in an effort to see that the crime is not discovered, assist
the killer in hiding the body or destroying evidence and, under the
current law, the person has committed no crime.  

PURPOSE

If enacted, S.B. 1582 would create the offense of obstruction of
justice and provide penalties.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.05, Penal Code (HINDERING
APPREHENSION OR PROSECUTION), as follows:

Sec. 38.05.  New heading:  OBSTRUCTION OF JUSTICE.

     (a) Provides that a person commits an offense if the person
     commits certain acts, with intent to hinder, delay, or prevent
     the discovery, detection, arrest, apprehension, detention,
     adjudication, prosecution, conviction, or punishment of
     another person, including a juvenile, for the commission of an
     offense other than an offense punishable by a fine only.

     (b)   (1) Provides that a person commits an offense if he
           commits certain acts, with intent to hinder, delay, or
           prevent the discovery, detection, arrest, apprehension,
           detention, adjudication, prosecution, or conviction of
           any person, including a juvenile, for the commission of
           an offense other than an offense punishable by a fine
           only.

           (2) Makes subsection inapplicable if the record,
           document, or thing concealed is privileged or is the
           work product of the parties to the investigation or
           proceeding.

     (c) Created from existing Subsection (b).

     (d) Provides that an offense under this section is one
     category lower than the offense committed by the person for
     whom the actor acted or attempted to act to hinder, delay or
     prevent the person's discovery, detection, arrest,
     apprehension, detention, adjudication, prosecution,
     conviction, or punishment, unless the offense committed by the
     person was a state jail felony, in which case the event under
     this section is a Class A misdemeanor.  
     (e) Authorizes prosecution, if conduct constitutes an offense
     under this section and another section, to be brought under
     either section.

SECTION 2.  Repeals Section 37.09, Penal Code (TAMPERING WITH OR
FABRICATING PHYSICAL EVIDENCE).

SECTION 3.

     (a) Makes application of Section 38.05, Penal Code, as amended
     by this Act, prospective.

     (b) Makes application of Section 37.09, Penal Code, as
     repealed by this Act, prospective.

     (c) Makes application of this Act prospective.

SECTION 4.  Severability clause.

SECTION 5.  Effective date:  September 1, 1995.

SECTION 6.  Emergency clause.

SUMMARY OF COMMITTEE ACTION

SB 1582 was considered by the full committee in a formal meeting on
May 15, 1995.  SB 1582 was reported favorably without amendment,
with the recommendation that it do pass and be printed, by a record
vote of 7 ayes, 0 nays, 0 pnv, and 2 absent.