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
1-14     follows:
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
1-19     to:
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.
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