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, or conviction
1-10 of another person, including a juvenile, for the commission of an
1-11 offense other than an offense punishable by a fine only, he commits
1-12 any of the following acts:
1-13 (1) harbors or conceals another <the other>;
1-14 (2) provides or aids in providing another <the other>
1-15 with money, transportation, a weapon, a disguise, or any other
1-16 thing to be used in <any means of> avoiding discovery, arrest, or
1-17 effecting escape; or
1-18 (3) warns another <the other> of impending discovery
1-19 or apprehension.
1-20 (b) A person commits an offense if, with intent to hinder,
1-21 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 (1) by force, intimidation, or deception, obstructs,
2-3 hinders, or impairs anyone in the performance of any act which
2-4 might aid in the discovery, detection, apprehension, detention,
2-5 adjudication, prosecution, or conviction of himself or any other
2-6 person; or
2-7 (2) conceals, secretes, takes, destroys, or alters any
2-8 physical evidence, record, document, or thing that might aid in the
2-9 discovery, detection, arrest, apprehension, detention,
2-10 adjudication, prosecution, or conviction of himself or any other
2-11 person, including a juvenile.
2-12 (c) It is a defense to prosecution under Subsection (a)(3)
2-13 that the warning was given in connection with an effort to bring
2-14 another into compliance with the law.
2-15 (d) <(c)> An offense under this section is one category
2-16 lower than the offense committed by the person for whom the actor
2-17 acted or attempted to act to hinder, delay, or prevent the person's
2-18 discovery, detection, arrest, apprehension, detention,
2-19 adjudication, prosecution, conviction, or punishment, unless the
2-20 offense committed by the person was a state jail felony, in which
2-21 event the offense under this section is a Class A misdemeanor<,
2-22 accept that the offense is a felony of the third degree if the
2-23 person who is harbored, concealed, provided with a means of
2-24 avoiding arrest or effecting escape, or warned of discovery or
2-25 apprehension is under arrest for, charged with, or convicted of a
3-1 felony and the person charged under this section knew that the
3-2 person they harbored, concealed, provided with a means of avoiding
3-3 arrest or effecting escape, or warned of discovery or apprehension
3-4 is under arrest for, charged with, or convicted of a felony>.
3-5 (e) If conduct constitutes an offense under this section as
3-6 well as an offense under another section, prosecution may be
3-7 brought under either section.
3-8 SECTION 2. REPEALER. Section 37.09, Penal Code, is
3-9 repealed.
3-10 SECTION 3. (a) The change in law made to Section 38.05,
3-11 Penal Code, by this Act applies only to a criminal offense
3-12 committed on or after the effective date of this Act.
3-13 (b) The repeal by this Act of Section 37.09, Penal Code,
3-14 does not apply to an offense committed under that section before
3-15 the effective date of this Act. An offense committed under Section
3-16 37.09, Penal Code, before the effective date of this Act is covered
3-17 by the law in effect when the offense was committed, and the former
3-18 law is continued in effect for that purpose.
3-19 (c) For purposes of this section, an offense is committed
3-20 before the effective date of this Act if any element of the offense
3-21 occurs before that date.
3-22 SECTION 4. SEVERABILITY. If any section, sentence, clause,
3-23 or part of this Act shall, for any reason, be held invalid, such
3-24 invalidity shall not affect the remaining portions of the Act, and
3-25 it is hereby declared to be the intention of this legislature to
4-1 have passed each section, sentence, clause, or part irrespective of
4-2 the fact that any other section, sentence, clause, or part may be
4-3 declared invalid.
4-4 SECTION 5. EFFECTIVE DATE. This Act takes effect on
4-5 September 1, 1995.
4-6 SECTION 6. EMERGENCY. The importance of this legislation
4-7 and the crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.