1-1 By: Bernsen S.B. No. 904
1-2 (In the Senate - Filed February 23, 2001; February 26, 2001,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 19, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0, 1 present, not
1-6 voting; April 19, 2001, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 904 By: Armbrister
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the prosecution and punishment of criminal offenses
1-11 relating to making certain false statements or reports.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 37.08, Penal Code, is amended to read as
1-15 Sec. 37.08. FALSE REPORT TO PEACE OFFICER OR LAW ENFORCEMENT
1-16 EMPLOYEE. (a) A person commits an offense if, with intent to
1-17 deceive, he knowingly makes a false statement that is material to
1-18 the [
a] criminal investigation of a felony and makes the statement
1-20 (1) a peace officer conducting the investigation; or
1-21 (2) any employee of a law enforcement agency that is
1-22 authorized by the agency to conduct the investigation and that the
1-23 actor knows is conducting the investigation.
1-24 (b) A person commits an offense if, with intent to deceive,
1-25 he knowingly makes a false statement that is material to the
1-26 criminal investigation of a misdemeanor and makes the statement to:
1-27 (1) a peace officer conducting the investigation; or
1-28 (2) any employee of a law enforcement agency that is
1-29 authorized by the agency to conduct the investigation and that the
1-30 actor knows is conducting the investigation.
1-31 (c) In this section, "law enforcement agency" has the
1-32 meaning assigned by Article 59.01, Code of Criminal Procedure.
1-33 (d) [ (c)] An offense under Subsection (a) is a state jail
1-34 felony. An offense under Subsection (b) [ this section][ ] is a Class
1-35 B misdemeanor.
1-36 SECTION 2. Chapter 37, Penal Code, is amended by adding
1-37 Sections 37.082, 37.083, and 37.084 to read as follows:
1-38 Sec. 37.082. FALSE STATEMENT IN APPLICATION FOR PROTECTIVE
1-39 ORDER. (a) A person commits an offense if, with intent to
1-40 deceive, the person knowingly makes a false statement in an
1-41 application for a protective order under Title 4, Family Code.
1-42 (b) An offense under this section is a Class A misdemeanor.
1-43 Sec. 37.083. FALSE REPORT OF FAMILY VIOLENCE. (a) In this
1-44 section, "family violence" has the meaning assigned by Section
1-45 71.004, Family Code.
1-46 (b) A person commits an offense if, with intent to deceive,
1-47 the person knowingly:
1-48 (1) files a false report of family violence with a law
1-49 enforcement officer or agency; or
1-50 (2) makes a false statement relating to family
1-51 violence to a law enforcement officer, another employee of a law
1-52 enforcement agency, or any other governmental agency.
1-53 (c) An offense under this section is a Class C misdemeanor.
1-54 Sec. 37.084. FALSE REPORT OF CHILD ABUSE OR NEGLECT.
1-55 (a) In this section, "abuse" and "neglect" have the meanings
1-56 assigned by Section 261.001, Family Code.
1-57 (b) A person commits an offense if, with intent to deceive,
1-58 the person knowingly:
1-59 (1) files a false report of child abuse or neglect
1-60 with a law enforcement officer or agency; or
1-61 (2) makes a false statement or report relating to
1-62 child abuse or neglect to any other governmental agency.
1-63 (c) Except as provided by Subsection (d), an offense under
1-64 this section is a Class A misdemeanor.
2-1 (d) If it is shown on the trial of an offense punishable
2-2 under this section that the defendant has previously been convicted
2-3 of an offense under this section, on conviction the defendant shall
2-4 be punished for a state jail felony.
2-5 SECTION 3. Section 261.107, Family Code, is amended to read
2-6 as follows:
2-7 Sec. 261.107. FALSE REPORT[ ; PENALTY]. [ (a) A person
2-8 commits an offense if the person knowingly or intentionally makes a
2-9 report as provided in this chapter that the person knows is false
2-10 or lacks factual foundation. An offense under this section is a
2-11 Class A misdemeanor unless it is shown on the trial of the offense
2-12 that the person has previously been convicted under this section,
2-13 in which case the offense is a state jail felony.]
2-14 [ (b)] A finding by a court in a suit affecting the
2-15 parent-child relationship that a report made under this chapter
2-16 before or during the suit was false or lacking factual foundation
2-17 may be grounds for the court to modify an order providing for
2-18 possession of or access to the child who was the subject of the
2-19 report by restricting further access to the child by the person who
2-20 made the report.
2-21 [ (c) The appropriate county prosecuting attorney shall be
2-22 responsible for the prosecution of an offense under this section.]
2-23 SECTION 4. (a) The change in law made by this Act applies
2-24 only to an offense committed on or after the effective date of this
2-25 Act. For purposes of this section, an offense is committed before
2-26 the effective date of this Act if any element of the offense occurs
2-27 before the effective date.
2-28 (b) An offense committed before the effective date of this
2-29 Act is covered by the law in effect when the offense was committed,
2-30 and the former law is continued in effect for that purpose.
2-31 SECTION 5. This Act takes effect September 1, 2001.
2-32 * * * * *