SRC-BWC S.B. 904 77(R)BILL ANALYSIS


Senate Research CenterS.B. 904
By: Bernsen
Criminal Justice
5/30/2001
Enrolled


DIGEST AND PURPOSE 

Under the Penal Code, it is an offense to make a false report regarding a
criminal investigation to a peace officer or law enforcement agency
employee conducting the investigation.  The punishment for this offense is
a Class B misdemeanor, regardless of the crime being investigated.  Law
enforcement officers encounter many false reports related to the
investigation of felonies.  Since the punishment for this offense is
relatively minor, there is little deterrent to make such false reports.
Investigation of felony crimes cost police departments considerable time
and money.  S.B. 904 increases the punishment for this offense to a Class A
misdemeanor, if a person makes a false statement to a peace officer or law
enforcement employee that is material to the investigation of a felony, and
increases the punishment to a state jail felony if it is shown the
defendant has previously been convicted of such an offense. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.08, Penal Code, to provide that a person
commits an offense if, with intent to deceive, he knowingly makes a false
statement that is material to the criminal investigation of a felony or a
misdemeanor and makes the statement to certain individuals.  Provides that
a false statement made in the investigation of a felony or a misdemeanor is
a state jail felony offense and a Class B misdemeanor offense,
respectively.     

SECTION 2.  Amends Chapter 37, Penal Code, by adding Sections 37.082,
37.083, and 37.084, as follows: 

Sec. 37.082.  FALSE STATEMENT IN APPLICATION FOR PROTECTIVE ORDER. Provides
that a person commits a Class A misdemeanor if, with intent to deceive, the
person knowingly makes a false statement in an application for a protective
order under Title 4 (Protective Order and Family Violence), Family Code. 

Sec. 37.083.  FALSE REPORT OF FAMILY VIOLENCE.  Defines "family violence."
Provides that a person commits a Class C misdemeanor if, with intent to
deceive, the person 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.   

Sec. 37.084.  FALSE REPORT OF CHILD ABUSE OR NEGLECT.  Defines "abuse" and
"neglect."  Provides that a person commits a Class A misdemeanor, except as
provided by this section, if with intent to deceive, the person knowingly
files a false report of child abuse or neglect with a law enforcement
officer or agency, or makes a false statement or report relating to child
abuse or neglect to any other governmental agency.  Requires a defendant,
on conviction, to be punished for a state jail felony, if it is shown on
the trial of an offense  punishable under this section that the defendant
has previously been convicted of an offense under this section. 

SECTION 3.  Amends Section 261.107, Family Code, as follows:

Sec. 261.107.  New heading:  FALSE REPORT.  Deletes text regarding the
penalty for making a false report.  Deletes text that required the
appropriate county prosecuting attorney to be responsible for the
prosecution of an offense under this section. 
 
SECTION 4.  Makes application of this Act prospective.

SECTION 5.  September 1, 2001.