1-1 AN ACT
1-2 relating to the prosecution and punishment of criminal offenses
1-3 relating to making certain false statements or reports.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.08, Penal Code, is amended to read as
1-7 Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
1-8 EMPLOYEE. (a) A person commits an offense if, with intent to
1-9 deceive, he knowingly makes a false statement that is material to
1-10 the [
a] criminal investigation of a felony and makes the statement
1-12 (1) a peace officer conducting the investigation; or
1-13 (2) any employee of a law enforcement agency that is
1-14 authorized by the agency to conduct the investigation and that the
1-15 actor knows is conducting the investigation.
1-16 (b) A person commits an offense if, with intent to deceive,
1-17 he knowingly makes a false statement that is material to the
1-18 criminal investigation of a misdemeanor and makes the statement to:
1-19 (1) a peace officer conducting the investigation; or
1-20 (2) any employee of a law enforcement agency that is
1-21 authorized by the agency to conduct the investigation and that the
1-22 actor knows is conducting the investigation.
1-23 (c) In this section, "law enforcement agency" has the
1-24 meaning assigned by Article 59.01, Code of Criminal Procedure.
1-25 (d) [ (c)] An offense under Subsection (a) is a state jail
2-1 felony. An offense under Subsection (b) [ this section][ ] is a Class
2-2 B misdemeanor.
2-3 SECTION 2. Chapter 37, Penal Code, is amended by adding
2-4 Sections 37.082, 37.083, and 37.084 to read as follows:
2-5 Sec. 37.082. FALSE STATEMENT IN APPLICATION FOR PROTECTIVE
2-6 ORDER. (a) A person commits an offense if, with intent to
2-7 deceive, the person knowingly makes a false statement in an
2-8 application for a protective order under Title 4, Family Code.
2-9 (b) An offense under this section is a Class A misdemeanor.
2-10 Sec. 37.083. FALSE REPORT OF FAMILY VIOLENCE. (a) In this
2-11 section, "family violence" has the meaning assigned by Section
2-12 71.004, Family Code.
2-13 (b) A person commits an offense if, with intent to deceive,
2-14 the person knowingly:
2-15 (1) files a false report of family violence with a law
2-16 enforcement officer or agency; or
2-17 (2) makes a false statement relating to family
2-18 violence to a law enforcement officer, another employee of a law
2-19 enforcement agency, or any other governmental agency.
2-20 (c) An offense under this section is a Class C misdemeanor.
2-21 Sec. 37.084. FALSE REPORT OF CHILD ABUSE OR NEGLECT.
2-22 (a) In this section, "abuse" and "neglect" have the meanings
2-23 assigned by Section 261.001, Family Code.
2-24 (b) A person commits an offense if, with intent to deceive,
2-25 the person knowingly:
2-26 (1) files a false report of child abuse or neglect
3-1 with a law enforcement officer or agency; or
3-2 (2) makes a false statement or report relating to
3-3 child abuse or neglect to any other governmental agency.
3-4 (c) Except as provided by Subsection (d), an offense under
3-5 this section is a Class A misdemeanor.
3-6 (d) If it is shown on the trial of an offense punishable
3-7 under this section that the defendant has previously been convicted
3-8 of an offense under this section, on conviction the defendant shall
3-9 be punished for a state jail felony.
3-10 SECTION 3. Section 261.107, Family Code, is amended to read
3-11 as follows:
3-12 Sec. 261.107. FALSE REPORT[ ; PENALTY]. [ (a) A person
3-13 commits an offense if the person knowingly or intentionally makes a
3-14 report as provided in this chapter that the person knows is false
3-15 or lacks factual foundation. An offense under this section is a
3-16 Class A misdemeanor unless it is shown on the trial of the offense
3-17 that the person has previously been convicted under this section,
3-18 in which case the offense is a state jail felony.]
3-19 [ (b)] A finding by a court in a suit affecting the
3-20 parent-child relationship that a report made under this chapter
3-21 before or during the suit was false or lacking factual foundation
3-22 may be grounds for the court to modify an order providing for
3-23 possession of or access to the child who was the subject of the
3-24 report by restricting further access to the child by the person who
3-25 made the report.
3-26 [ (c) The appropriate county prosecuting attorney shall be
4-1 responsible for the prosecution of an offense under this section.]
4-2 SECTION 4. (a) The change in law made by this Act applies
4-3 only to an offense committed on or after the effective date of this
4-4 Act. For purposes of this section, an offense is committed before
4-5 the effective date of this Act if any element of the offense occurs
4-6 before the effective date.
4-7 (b) An offense committed before the effective date of this
4-8 Act is covered by the law in effect when the offense was committed,
4-9 and the former law is continued in effect for that purpose.
4-10 SECTION 5. This Act takes effect September 1, 2001.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 904 passed the Senate on
April 26, 2001, by a viva-voce vote.
Secretary of the Senate
I hereby certify that S.B. No. 904 passed the House on
May 17, 2001, by a non-record vote.
Chief Clerk of the House