BILL ANALYSIS S.B. 1582 By: Turner Criminal Justice 5-3-95 Committee Report (Amended) 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 As proposed, S.B. 1582 creates the offense of obstruction of justice and provides 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, 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, or conviction of the other person, including a juvenile, for the commission of an offense other than an offense punishable by a fine only. (b) 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, or conviction of the other person, including a juvenile, for the commission of an offense other than an offense punishable by a fine only. (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. Provides that this subsection does not apply if a record, document, or thing concealed is privileged or is the work product of the parties to the investigation or official proceeding. Deletes existing text. (e) Authorizes prosecution, if conduct constitutes an offense under this section as well as an offense under another section, to be brought under either section. SECTION 2. Repealer: 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.