SRC-CDH H.B. 2442 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2442
By: Galloway (Shapiro)
Criminal Justice
5-14-97
Engrossed


DIGEST 

Currently, under Section 31.11 of the Penal Code, tampering with
identification numbers is defined as a Class A misdemeanor, and it is an
affirmative defense to prosecution that the person was the owner or acting
with the effective consent of the owner of the property involved; a peace
officer acting in the discharge of official duties; or an employee of the
Texas Department of Transportation (department) in the discharge of
official duties or in compliance with department rules.  H.B. 2442 makes
the offense of tampering with identification numbers a state jail felony
if the item of property is a vehicle, aircraft, boat, firearm, or parts of
any of those properties.  In addition, this bill provides that it is an
affirmative defense to prosecution that the person was the owner or acting
with the property owner's consent and the item of property is not a
vehicle or part of a vehicle; an aircraft, boat, or part of an aircraft or
boat; or a firearm or part of a firearm.  

PURPOSE

As proposed, H.B. 2442 establishes provisions regarding the prosecution of
and the penalty for the offense of tampering with identification numbers. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 31.11, Penal Code, by amending Subsections (b)
and (d), redesignating Subsection (e) as Subsection (f), and adding a new
Subsection (e), to provide that it is an affirmative defense to
prosecution under this section, regarding tampering with identification
numbers, that the person was the owner or acting with the effective
consent of the owner of the property involved, and the item of property is
not property described by Subsection (e).  Provides that an offense under
this section is a state jail felony if the item of property involved is a
vehicle or part of a vehicle; an aircraft, boat, or part of an aircraft or
boat; or a firearm or part of a firearm. Defines "firearm" and "vehicle."
Makes conforming changes. 

SECTION 2. Effective date:  September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.