HBA-AMW S.B. 904 77(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 904 By: Bernsen Criminal Jurisprudence 5/3/2001 Engrossed BACKGROUND AND PURPOSE Under current law, it is a Class B misdemeanor to make a false statement regarding a criminal investigation to a peace officer or a law enforcement agency employee conducting the investigation, regardless of the type of crime being investigated. Since the punishment for this offense is relatively minor, there may be little deterrent to making false statements. Law enforcement officers encounter many false statements during the investigation of felonies, and investigations of felony crimes cost police departments considerable time and money. Senate Bill 904 increases the penalty for knowingly making a false statement to a peace officer or a law enforcement employee that is material to the investigation of a felony and adds penalties for false statements in applications for protective orders and false reports of child abuse or neglect or false reports of family violence. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS Senate Bill 904 amends the Penal Code to provide that a person commits a state jail felony if the person, with intent to deceive, knowingly makes a false statement that is material to the criminal investigation of a felony and makes the statement to a peace officer conducting the investigation or any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation. The bill provides that a person commits a Class A misdemeanor if the person, with intent to deceive, knowingly makes a false statement in an application for a protective order. The bill provides that a person commits a Class C misdemeanor if the person, with intent to deceive, knowingly files a false report of family violence with a law enforcement officer or agency or makes a false statement relating to family violence to a law enforcement officer, another employee of a law enforcement agency, or any other governmental agency. The bill provides that a person commits a Class A misdemeanor if the person, with intent to deceive, knowingly files a false report of child abuse or neglect with a law enforcement agency or officer or makes a false statement or report relating to child abuse or neglect to any other governmental agency. On conviction, the bill requires a person to be punished for a state jail felony if the person has been previously convicted of knowingly filing, with intent to deceive, a false report of child abuse or neglect with a law enforcement agency or officer or making a false statement or report relating to child abuse or neglect to any other governmental agency. EFFECTIVE DATE September 1, 2001.