By Berman H.B. No. 268
77R50 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain immunity from liability for special agents of
1-3 the Federal Bureau of Investigation, the authority of a special
1-4 agent to execute a search warrant, and the offenses of making a
1-5 false report to a peace officer and failure to identify.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Chapter 2, Code of Criminal Procedure, is amended
1-8 by adding Article 2.125 to read as follows:
1-9 Art. 2.125. CERTAIN IMMUNITY FOR SPECIAL AGENTS OF FEDERAL
1-10 BUREAU OF INVESTIGATION. (a) A special agent of the Federal Bureau
1-11 of Investigation, while the agent is in this state, has the same
1-12 immunities as a peace officer of this state who is acting in the
1-13 discharge of an official duty, but only while the agent is
1-14 participating, as a member of a special task force or on request of
1-15 a state officer, in a criminal investigation of a violation of
1-16 state law.
1-17 (b) The immunity granted by Subsection (a) is in addition
1-18 to any immunity granted under federal law to a special agent of the
1-19 Federal Bureau of Investigation.
1-20 SECTION 2. Chapter 18, Code of Criminal Procedure, is amended
1-21 by adding Article 18.011 to read as follows:
1-22 Art. 18.011. AUTHORITY OF SPECIAL AGENTS OF FEDERAL BUREAU
1-23 OF INVESTIGATION. For purposes of receiving delivery of,
1-24 executing, or returning a search warrant issued under this chapter,
2-1 "peace officer" includes a special agent of the Federal Bureau of
2-2 Investigation.
2-3 SECTION 3. Article 59.03(a), Code of Criminal Procedure, is
2-4 amended to read as follows:
2-5 (a) Property subject to forfeiture under this chapter may be
2-6 seized by any peace officer or special agent of the Federal Bureau
2-7 of Investigation under authority of a search warrant.
2-8 SECTION 4. Section 37.08, Penal Code, is amended by amending
2-9 the section heading and Subsection (a) to read as follows:
2-10 Sec. 37.08. FALSE REPORT TO PEACE OFFICER, [OR] LAW
2-11 ENFORCEMENT EMPLOYEE, OR CERTAIN FEDERAL AGENTS. (a) A person
2-12 commits an offense if, with intent to deceive, the person [he]
2-13 knowingly makes a false statement that is material to a criminal
2-14 investigation and makes the statement to:
2-15 (1) a peace officer or a special agent of the Federal
2-16 Bureau of Investigation conducting the investigation; or
2-17 (2) any employee of a law enforcement agency that is
2-18 authorized by the agency to conduct the investigation and that the
2-19 actor knows is conducting the investigation.
2-20 SECTION 5. Sections 38.02(a) and (b), Penal Code, are amended
2-21 to read as follows:
2-22 (a) A person commits an offense if the person [he]
2-23 intentionally refuses to give the person's [his] name, residence
2-24 address, or date of birth to a peace officer or a special agent of
2-25 the Federal Bureau of Investigation who has lawfully arrested the
2-26 person and requested the information.
2-27 (b) A person commits an offense if the person [he]
3-1 intentionally gives a false or fictitious name, residence address,
3-2 or date of birth to a peace officer or a special agent of the
3-3 Federal Bureau of Investigation who has:
3-4 (1) lawfully arrested the person;
3-5 (2) lawfully detained the person; or
3-6 (3) requested the information from a person that the
3-7 peace officer or agent has good cause to believe is a witness to a
3-8 criminal offense.
3-9 SECTION 6. The change in law made by Article 2.125, Code of
3-10 Criminal Procedure, as added by this Act, applies only to a cause
3-11 of action that accrues on or after the effective date of this Act.
3-12 A cause of action that accrues before the effective date of this
3-13 Act is governed by the law in effect at the time the cause of
3-14 action accrued and that law is continued in effect for that
3-15 purpose.
3-16 SECTION 7. The changes in law made by this Act to Sections
3-17 37.08 and 38.02, Penal Code, apply only to an offense committed on
3-18 or after the effective date of this Act. An offense committed
3-19 before the effective date of this Act is covered by the law in
3-20 effect when the offense was committed, and the former law is
3-21 continued in effect for that purpose. For purposes of this
3-22 section, an offense was committed before the effective date of this
3-23 Act if any element of the offense occurred before that date.
3-24 SECTION 8. This Act takes effect September 1, 2001.