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.