By Bernsen S.B. No. 904
77R5347 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the prosecution and punishment of the offense of making
1-3 a false report to a peace officer or law enforcement employee.
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
1-6 follows:
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
1-11 to:
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.
2-1 (d) [(c)] An offense under Subsection (a) is a state jail
2-2 felony. An offense under Subsection (b) [this section][] is a Class
2-3 B misdemeanor.
2-4 SECTION 2. (a) The change in law made by this Act applies
2-5 only to an offense committed on or after the effective date of this
2-6 Act. For purposes of this section, an offense is committed before
2-7 the effective date of this Act if any element of the offense occurs
2-8 before the effective date.
2-9 (b) An offense committed before the effective date of this
2-10 Act is covered by the law in effect when the offense was committed,
2-11 and the former law is continued in effect for that purpose.
2-12 SECTION 3. This Act takes effect September 1, 2001.