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.
2-45 * * * * *