AN ACT
1-1 relating to prosecution of the offense of tampering with or
1-2 fabricating physical evidence and to the reporting of the existence
1-3 of certain physical evidence; creating an offense.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.09, Penal Code, is amended by amending
1-6 Subsection (c) and adding Subsection (d) to read as follows:
1-7 (c) An offense under Subsection (a) or Subsection (d)(1)
1-8 [this section] is a felony of the third degree. An offense under
1-9 Subsection (d)(2) is a Class A misdemeanor.
1-10 (d) A person commits an offense if the person:
1-11 (1) knowing that an offense has been committed,
1-12 alters, destroys, or conceals any record, document, or thing with
1-13 intent to impair its verity, legibility, or availability as
1-14 evidence in any subsequent investigation of or official proceeding
1-15 related to the offense; or
1-16 (2) observes human remains under circumstances in
1-17 which a reasonable person would believe that an offense had been
1-18 committed, knows or reasonably should know that a law enforcement
1-19 agency is not aware of the existence of or location of the remains,
1-20 and fails to report the existence of and location of the remains to
1-21 a law enforcement agency.
1-22 SECTION 2. (a) The change in law made by this Act applies
1-23 only to an offense committed on or after the effective date of this
2-1 Act. For purposes of this section, an offense is committed before
2-2 the effective date of this Act if any element of the offense occurs
2-3 before the effective date.
2-4 (b) An offense committed before the effective date of this
2-5 Act is covered by the law in effect when the offense was committed,
2-6 and the former law is continued in effect for that purpose.
2-7 SECTION 3. This Act takes effect September 1, 1997.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 160 passed the Senate on
March 3, 1997, by a viva-voce vote; and that the Senate concurred
in House amendment on May 28, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 160 passed the House, with
amendment, on May 25, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor