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


Senate Research Center   S.B. 904
77R5347 GWK-FBy: Bernsen
Criminal Justice
3/30/2001
As Filed


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.  As proposed, S.B. 904 increases the punishment for this offense
to a state jail felony, if a person makes a false statement to a peace
officer or law enforcement employee that is material to the investigation
of a felony. 

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.  Makes application of this Act prospective.

SECTION 3.  September 1, 2001.