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.