AEZ S.B. 160 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
S.B. 160
By: Brown (Buddy West)
4-2-97
Committee Report (Unamended)


BACKGROUND

Currently, Texas law provides that a person commits an offense if, knowing
that an investigation or official proceeding is pending or in progress,
the person tampers with or fabricates physical evidence. The law does not
provide for those instances when an individual, knowing an offense has
been committed, tampers with or fabricates physical evidence, after the
offense has been commited but prior to the point at which the
investigation or official proceeding is legally considered to have been
pending or in progress. . 

PURPOSE

SB 160, as proposed, provides for the prosecution of the offense of
tampering with or fabricating physical evidence. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.Amends Section 37.09, Penal Code, by adding Subsection (d), to
provide that a person commits an offense if, knowing that an offense has
been committed, the person alters, destroys, or conceals any record,
document, or thing with intent to impair its verity, legibility or
availability as evidence in any subsequent investigation of or official
proceeding related to the offense. 

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.