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.