By:  Turner                                           S.B. No. 1582
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to creating the offense of obstruction of justice and the
    1-2  imposition of criminal penalties.
    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, detention, adjudication, prosecution, conviction, or
   1-10  punishment of another person, including a juvenile, for the
   1-11  commission of an offense other than an offense punishable by a fine
   1-12  only, he commits any of the following acts:
   1-13              (1)  harbors or conceals the other;
   1-14              (2)  provides or aids in providing the other with
   1-15  money, transportation, a weapon, a disguise, or any other thing to
   1-16  be used in <any means of> avoiding discovery, arrest, or effecting
   1-17  escape; or
   1-18              (3)  warns the other of impending discovery or
   1-19  apprehension.
   1-20        (b)(1)  A person commits an offense if, with intent to
   1-21  hinder, delay, or prevent the discovery, detection, apprehension,
   1-22  detention, adjudication, prosecution, or conviction of any person,
   1-23  including a juvenile, for the commission of an offense other than
    2-1  an offense punishable by fine only, he:
    2-2                    (A)  by force, intimidation, or deception,
    2-3  obstructs, hinders, or impairs anyone in the performance of any act
    2-4  which might aid in the discovery, detection, apprehension,
    2-5  detention, adjudication, prosecution, or conviction of another; or
    2-6                    (B)  conceals, takes, destroys, or alters any
    2-7  physical evidence, record, document, or other thing; or
    2-8                    (C)  makes, presents, or uses any record,
    2-9  document, or thing with knowledge of its falsity and with intent to
   2-10  effect the course or outcome of an investigation or official
   2-11  proceeding.
   2-12              (2)  This subsection shall not apply if the record,
   2-13  document, or thing concealed is privileged or is the work product
   2-14  of the parties to the investigation or official proceeding.
   2-15        (c)  It is a defense to prosecution under Subsection (a)(3)
   2-16  that the warning was given in connection with an effort to bring
   2-17  another into compliance with the law.
   2-18        (d) <(c)>  An offense under this section is one category
   2-19  lower than the offense committed by the person for whom the actor
   2-20  acted or attempted to act to hinder, delay, or prevent the person's
   2-21  discovery, detection, arrest, apprehension, detention,
   2-22  adjudication, prosecution, conviction, or punishment, unless the
   2-23  offense committed by the person was a state jail felony, in which
   2-24  event the offense under this section is a Class A misdemeanor<,
   2-25  except that the offense is a felony of the third degree if the
    3-1  person who is harbored, concealed, provided with a means of
    3-2  avoiding arrest or effecting escape, or warned of discovery or
    3-3  apprehension is under arrest for, charged with, or convicted of a
    3-4  felony and the person charged under this section knew that the
    3-5  person they harbored, concealed, provided with a means of avoiding
    3-6  arrest or effecting escape, or warned of discovery or apprehension
    3-7  is under arrest for, charged with, or convicted of a felony>.
    3-8        (e)  If conduct constitutes an offense under this section as
    3-9  well as an offense under another section, prosecution may be
   3-10  brought under either section.
   3-11        SECTION 2.  Section 37.09, Penal Code, is repealed.
   3-12        SECTION 3.  (a)  The change in law made to Section 38.05,
   3-13  Penal Code, by this Act applies only to a criminal offense
   3-14  committed on or after the effective date of this Act.
   3-15        (b)  The repeal by this Act of Section 37.09, Penal Code,
   3-16  does not apply to an offense committed under that section before
   3-17  the effective date of this Act.  An offense committed under Section
   3-18  37.09, Penal Code, before the effective date of this Act is covered
   3-19  by the law in effect when the offense was committed, and the former
   3-20  law is continued in effect for that purpose.
   3-21        (c)  For purposes of this section, an offense is committed
   3-22  before the effective date of this Act if any element of the offense
   3-23  occurs before that date.
   3-24        SECTION 4.  If any section, sentence, clause, or part of this
   3-25  Act shall, for any reason, be held invalid, such invalidity shall
    4-1  not affect the remaining portions of the Act, and it is hereby
    4-2  declared to be the intention of this legislature to have passed
    4-3  each section, sentence, clause, or part irrespective of the fact
    4-4  that any other section, sentence, clause, or part may be declared
    4-5  invalid.
    4-6        SECTION 5.  This Act takes effect September 1, 1995.
    4-7        SECTION 6.  The importance of this legislation and the
    4-8  crowded condition of the calendars in both houses create an
    4-9  emergency and an imperative public necessity that the
   4-10  constitutional rule requiring bills to be read on three several
   4-11  days in each house be suspended, and this rule is hereby suspended.