1-1  By:  Turner                                           S.B. No. 1582
    1-2        (In the Senate - Filed March 13, 1995; March 22, 1995, read
    1-3  first time and referred to Committee on Criminal Justice;
    1-4  May 2, 1995, reported favorably, as amended, by the following vote:
    1-5  Yeas 4, Nays 0; May 2, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                               By:  Turner
    1-7  Amend S.B. No. 1582 as follows:
    1-8        (1)  On page 1, line 12 (committee printing page 1, line 44),
    1-9  strike "another" and substitute "the other".
   1-10        (2)  On page 1, line 13 (committee printing page 1, line 45),
   1-11  strike "another" and substitute "the other".
   1-12        (3)  On page 1, line 16 (committee printing page 1, line 49),
   1-13  strike "another" and substitute "the other".
   1-14        (4)  On page 2, line 3 (committee printing page 1, lines
   1-15  59-60), strike "of himself or any other person; or" and substitute
   1-16  "of another;".
   1-17        (5)  On page 2, line 5 (committee printing page 1, line 61),
   1-18  strike Subdivision (2) in its entirety and substitute the
   1-19  following:
   1-20              (2)  conceals, takes, destroys, or alters any physical
   1-21  evidence, record, document, or other thing; or.
   1-22        (6)  On page 2, line 8 (committee printing page 1, line 66),
   1-23  add the following after proposed Subdivision (2):
   1-24              (3)  makes, presents, or uses any record, document, or
   1-25  thing with knowledge of its falsity and with intent to affect the
   1-26  course or outcome of an investigation or official proceeding.
   1-27              (4)  This subsection shall not apply if the record,
   1-28  document, or thing concealed is privileged or is the work product
   1-29  of the parties to the investigation or official proceeding.
   1-30                         A BILL TO BE ENTITLED
   1-31                                AN ACT
   1-32  relating to creating the offense of obstruction of justice and the
   1-33  imposition of criminal penalties.
   1-34        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-35        SECTION 1.  Section 38.05, Penal Code, is amended to read as
   1-36  follows:
   1-37        Sec. 38.05.  OBSTRUCTION OF JUSTICE  <HINDERING APPREHENSION
   1-38  OR PROSECUTION>.  (a)  A person commits an offense if, with intent
   1-39  to hinder, delay, or prevent the discovery, detection, arrest,
   1-40  apprehension, detention, adjudication, prosecution, conviction, or
   1-41  punishment of another person, including a juvenile, for the
   1-42  commission of an offense other than an offense punishable by a fine
   1-43  only, he commits any of the following acts:
   1-44              (1)  harbors or conceals another <the other>;
   1-45              (2)  provides or aids in providing another <the other>
   1-46  with money, transportation, a weapon, a disguise, or any other
   1-47  thing to be used in <any means of> avoiding discovery, arrest, or
   1-48  effecting escape; or
   1-49              (3)  warns another <the other> of impending discovery
   1-50  or apprehension.
   1-51        (b)  A person commits an offense if, with intent to hinder,
   1-52  delay, or prevent the discovery, detection, apprehension,
   1-53  detention, adjudication, prosecution, or conviction of any person,
   1-54  including a juvenile, for the commission of an offense other than
   1-55  an offense punishable by fine only, he:
   1-56              (1)  by force, intimidation, or deception, obstructs,
   1-57  hinders, or impairs anyone in the performance of any act which
   1-58  might aid in the discovery, detection, apprehension, detention,
   1-59  adjudication, prosecution, or conviction of himself or any other
   1-60  person; or
   1-61              (2)  conceals, secretes, takes, destroys, or alters any
   1-62  physical evidence, record, document, or thing that might aid in the
   1-63  discovery, detection, arrest, apprehension, detention,
   1-64  adjudication, prosecution, or conviction of himself or any other
   1-65  person, including a juvenile.
   1-66        (c)  It is a defense to prosecution under Subsection (a)(3)
   1-67  that the warning was given in connection with an effort to bring
   1-68  another into compliance with the law.
    2-1        (d) <(c)>  An offense under this section is one category
    2-2  lower than the offense committed by the person for whom the actor
    2-3  acted or attempted to act to hinder, delay, or prevent the person's
    2-4  discovery, detection, arrest, apprehension, detention,
    2-5  adjudication, prosecution, conviction, or punishment, unless the
    2-6  offense committed by the person was a state jail felony, in which
    2-7  event the offense under this section is a Class A misdemeanor<,
    2-8  except that the offense is a felony of the third degree if the
    2-9  person who is harbored, concealed, provided with a means of
   2-10  avoiding arrest or effecting escape, or warned of discovery or
   2-11  apprehension is under arrest for, charged with, or convicted of a
   2-12  felony and the person charged under this section knew that the
   2-13  person they harbored, concealed, provided with a means of avoiding
   2-14  arrest or effecting escape, or warned of discovery or apprehension
   2-15  is under arrest for, charged with, or convicted of a felony>.
   2-16        (e)  If conduct constitutes an offense under this section as
   2-17  well as an offense under another section, prosecution may be
   2-18  brought under either section.
   2-19        SECTION 2.  Section 37.09, Penal Code, is repealed.
   2-20        SECTION 3.  (a)  The change in law made to Section 38.05,
   2-21  Penal Code, by this Act applies only to a criminal offense
   2-22  committed on or after the effective date of this Act.
   2-23        (b)  The repeal by this Act of Section 37.09, Penal Code,
   2-24  does not apply to an offense committed under that section before
   2-25  the effective date of this Act.  An offense committed under Section
   2-26  37.09, Penal Code, before the effective date of this Act is covered
   2-27  by the law in effect when the offense was committed, and the former
   2-28  law is continued in effect for that purpose.
   2-29        (c)  For purposes of this section, an offense is committed
   2-30  before the effective date of this Act if any element of the offense
   2-31  occurs before that date.
   2-32        SECTION 4.  If any section, sentence, clause, or part of this
   2-33  Act shall, for any reason, be held invalid, such invalidity shall
   2-34  not affect the remaining portions of the Act, and it is hereby
   2-35  declared to be the intention of this legislature to have passed
   2-36  each section, sentence, clause, or part irrespective of the fact
   2-37  that any other section, sentence, clause, or part may be declared
   2-38  invalid.
   2-39        SECTION 5.  This Act takes effect September 1, 1995.
   2-40        SECTION 6.  The importance of this legislation and the
   2-41  crowded condition of the calendars in both houses create an
   2-42  emergency and an imperative public necessity that the
   2-43  constitutional rule requiring bills to be read on three several
   2-44  days in each house be suspended, and this rule is hereby suspended.
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