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.