AEZ C.S.S.B. 329 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.S.B. 329
By: Brown (Torres)
4-2-97
Committee Report (Substituted)


BACKGROUND

Currently, it is not a criminal offense under the Texas Penal code to give
a false statement to a law enforcement employee conducting an
investigation if that employee is not a peace officer.  This legislation
makes it a criminal offense to intentionally give false information to any
law enforcement personnel conducting an investigation. 

PURPOSE

As proposed, C.S.S.B. 329 establishes the offense of making a false report
to a peace officer or to an employee of a law enforcement agency.   

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 37.08, Penal Code, as follows:

Sec. 37.08.  New heading:  FALSE REPORT TO PEACE OFFICER OR LAW
ENFORCEMENT EMPLOYEE.  Provides that a person commits a Class B
misdemeanor if, with intent to deceive, the person knowingly makes a false
statement that is material to a criminal investigation and makes the
statement to a peace officer or any employee of a law enforcement agency
that is authorized by the agency to conduct the investigation.  Law
enforcement agency has the same meaning that is assigned by Article 59.01,
Code of Criminal Procedure. 

SECTION 2.  Effective date:  September 1, 1997.

SECTION 3.  Emergency clause.  



COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill states that the false report is given to a peace
officer.  The substitute adds any employee of a law enforcement agency
that is authorized by the agency to conduct the investigation.