By Place H.B. No. 2120
74R7240 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation of the offense of obstruction of justice.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 38.05, Penal Code, is amended to read as
1-5 follows:
1-6 Sec. 38.05. OBSTRUCTION OF JUSTICE <HINDERING APPREHENSION
1-7 OR PROSECUTION>. (a) A person commits an offense if, with intent
1-8 to hinder, delay, or prevent the discovery, detection, arrest,
1-9 apprehension, prosecution, conviction, or punishment of another for
1-10 the commission of an offense other than an offense punishable by
1-11 fine only or, with intent to hinder, delay, or prevent the
1-12 discovery, detection, arrest, apprehension, detention,
1-13 adjudication, or disposition of a child for engaging in delinquent
1-14 conduct described by Section 51.03(a)(1) or (3), Family Code, he:
1-15 (1) harbors or conceals another <the other>;
1-16 (2) provides or aids in providing another <the other>
1-17 with money, transportation, a weapon, a disguise, or any other
1-18 thing to be used in <any means of> avoiding discovery or arrest or
1-19 effecting escape; or
1-20 (3) warns another <the other> of impending discovery
1-21 or apprehension.
1-22 (b) A person commits an offense if, with intent to hinder,
1-23 delay, or prevent the discovery, detection, arrest, apprehension,
1-24 prosecution, conviction, or punishment of any person for the
2-1 commission of an offense other than an offense punishable by fine
2-2 only or, with intent to hinder, delay, or prevent the discovery,
2-3 detection, arrest, apprehension, detention, adjudication, or
2-4 disposition of a child for engaging in delinquent conduct described
2-5 by Section 51.03(a)(1) or (3), Family Code, he:
2-6 (1) by force, intimidation, or deception, obstructs,
2-7 hinders, or impairs another in the performance of an act that might
2-8 aid in the discovery, detection, arrest, apprehension, prosecution,
2-9 conviction, or punishment of himself or any other person or that
2-10 might aid in the discovery, detection, arrest, apprehension,
2-11 detention, adjudication, or disposition of himself or another child
2-12 for engaging in delinquent conduct described by Section 51.03(a)(1)
2-13 or (3), Family Code; or
2-14 (2) conceals, takes, destroys, or alters any physical
2-15 evidence, record, document, or other thing that might aid in the
2-16 discovery, detection, arrest, apprehension, prosecution,
2-17 conviction, or punishment of himself or any other person or that
2-18 might aid in the discovery, detection, arrest, apprehension,
2-19 detention, adjudication, or disposition of himself or another child
2-20 for engaging in delinquent conduct described by Section 51.03(a)(1)
2-21 or (3), Family Code.
2-22 (c) It is a defense to prosecution under Subsection (a)(3)
2-23 that the warning was given in connection with an effort to bring
2-24 another into compliance with the law.
2-25 (d) <(c)> An offense under this section is one category
2-26 lower than the category of the offense committed by the person, or
2-27 the conduct constituting delinquent conduct by the child, for whom
3-1 the actor acted or attempted to act to hinder, delay, or prevent
3-2 the person's discovery, detection, arrest, apprehension, detention,
3-3 prosecution, conviction, punishment, adjudication, or disposition,
3-4 unless the offense committed by the person or the conduct engaged
3-5 in was a state jail felony, in which event the offense under this
3-6 section is a Class A misdemeanor<, except that the offense is a
3-7 felony of the third degree if the person who is harbored,
3-8 concealed, provided with a means of avoiding arrest or effecting
3-9 escape, or warned of discovery or apprehension is under arrest for,
3-10 charged with, or convicted of a felony and the person charged under
3-11 this section knew that the person they harbored, concealed,
3-12 provided with a means of avoiding arrest or effecting escape, or
3-13 warned of discovery or apprehension is under arrest for, charged
3-14 with, or convicted of a felony>.
3-15 (e) If conduct constitutes an offense under this section and
3-16 an offense under another section, the prosecution may be brought
3-17 under either section.
3-18 SECTION 2. Section 37.09, Penal Code, is repealed.
3-19 SECTION 3. (a) The change in law made to Section 38.05,
3-20 Penal Code, by this Act applies only to a criminal offense
3-21 committed on or after the effective date of this Act.
3-22 (b) The repeal by this Act of Section 37.09, Penal Code,
3-23 does not apply to an offense committed under that section before
3-24 the effective date of this Act. An offense committed under Section
3-25 37.09, Penal Code, before the effective date of this Act is covered
3-26 by the law in effect when the offense was committed, and the former
3-27 law is continued in effect for that purpose.
4-1 (c) For purposes of this section, an offense is committed
4-2 before the effective date of this Act if any element of the offense
4-3 occurs before that date.
4-4 SECTION 4. This Act takes effect September 1, 1995.
4-5 SECTION 5. The importance of this legislation and the
4-6 crowded condition of the calendars in both houses create an
4-7 emergency and an imperative public necessity that the
4-8 constitutional rule requiring bills to be read on three several
4-9 days in each house be suspended, and this rule is hereby suspended.