By Armbrister                                         S.B. No. 1349
         77R6571 KLA-D                           
                                A BILL TO BE ENTITLED
 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. Chapter 37, Penal Code, is amended by adding
 1-6     Sections 37.082, 37.083, and 37.084 to read as follows:
 1-7           Sec. 37.082.  FALSE STATEMENT IN APPLICATION FOR PROTECTIVE
 1-8     ORDER. (a)  A person commits an offense if, with intent to deceive,
 1-9     the person knowingly makes a false statement in an application for
1-10     a protective order under Title 4, Family Code.
1-11           (b)  An offense under this section is a Class A misdemeanor.
1-12           Sec. 37.083.  FALSE REPORT OF FAMILY VIOLENCE. (a)  In this
1-13     section, "family violence" has the meaning assigned by Section
1-14     71.004, Family Code.
1-15           (b)  A person commits an offense if, with intent to deceive,
1-16     the person knowingly:
1-17                 (1)  files a false report of family violence with a law
1-18     enforcement officer or agency; or
1-19                 (2)  makes a false statement relating to family
1-20     violence to a law enforcement officer, another employee of a law
1-21     enforcement agency, or any other governmental agency.
1-22           (c)  An offense under this section is a Class C misdemeanor.
1-23           Sec. 37.084.  FALSE REPORT OF CHILD ABUSE OR NEGLECT. (a)  In
1-24     this section, "abuse" and "neglect" have the meanings assigned by
 2-1     Section 261.001, Family Code.
 2-2           (b)  A person commits an offense if, with intent to deceive,
 2-3     the person knowingly:
 2-4                 (1)  files a false report of child abuse or neglect
 2-5     with a law enforcement officer or agency; or
 2-6                 (2)  makes a false statement or report relating to
 2-7     child abuse or neglect to any other governmental agency.
 2-8           (c)  Except as provided by Subsection (d), an offense under
 2-9     this section is a Class A misdemeanor.
2-10           (d)  If it is shown on the trial of an offense punishable
2-11     under this section that the defendant has previously been convicted
2-12     of an offense under this section, on conviction the defendant shall
2-13     be punished for a state jail felony.
2-14           SECTION 2. Section 261.107, Family Code, is amended to read
2-15     as follows:
2-16           Sec. 261.107.  FALSE REPORT[;  PENALTY]. [(a) A person
2-17     commits an offense if the person knowingly or intentionally makes a
2-18     report as provided in this chapter that the person knows is false
2-19     or lacks factual foundation.  An offense under this section is a
2-20     Class A misdemeanor unless it is shown on the trial of the offense
2-21     that the person has previously been convicted under this section,
2-22     in which case the offense is a state jail felony.]
2-23           [(b)]  A finding by a court in a suit affecting the
2-24     parent-child relationship that a report made under this chapter
2-25     before or during the suit was false or lacking factual foundation
2-26     may be grounds for the court to modify an order providing for
2-27     possession of or access to the child who was the subject of the
 3-1     report by restricting further access to the child by the person who
 3-2     made the report.
 3-3           [(c)  The appropriate county prosecuting attorney shall be
 3-4     responsible for the prosecution of an offense under this section.]
 3-5           SECTION 3. (a)  The change in law made by this Act to Section
 3-6     261.107, Family Code, does not apply to an offense committed under
 3-7     that section before the effective date of this Act. For purposes of
 3-8     this section, an offense is committed before the effective date of
 3-9     this Act if any element of the offense occurs before that date.
3-10           (b)  An offense committed before the effective date of this
3-11     Act is covered by Section 261.107, Family Code, as it existed on
3-12     the date on which the offense was committed, and the former law is
3-13     continued in effect for that purpose.
3-14           SECTION 4. This Act takes effect September 1, 2001.