H.B. 1368 78(R)    BILL ANALYSIS


H.B. 1368
By: McReynolds
Law Enforcement
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, a person commits a Class B misdemeanor offense if, with
intent to deceive, he knowingly makes a false statement that is material
to a criminal investigation conducted by a peace officer or by an employee
of a law enforcement agency that is authorized to conduct the
investigation.  However, current law does not differentiate whether the
crime being investigated is a misdemeanor offense or a felony offense.
House Bill 1368 increases the penalty from a Class B misdemeanor to a
state jail felony for cases where the false statement to a peace officer
is made in a criminal investigation involving a felony offense.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1.   House Bill 1368 amends Section 37.08 of the Penal Code by
increasing the penalty for knowingly making a false statement that is
material to a criminal investigation of a felony with intent to deceive to
a state jail felony.  The statement must have been made to a peace officer
conducting the investigation or to an employee of a law enforcement agency
that is authorized to conduct the investigation and is known by the person
to be conducting the investigation.  

SECTION 2.   This Act applies to offenses committed on or after September
1, 2003, and an offense was committed before this effective date if any
element of the offense occurs before this date.  For offenses committed
before this date, the former law is in effect. 

EFFECTIVE DATE

This Act takes effect September 1, 2003. 

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 amends Section 37.08 of the Penal Code by
providing that the penalty for making a false statement that is material
to the criminal investigation of a felony to a peace officer conducting
the investigation, or to an employee of a law enforcement agency that is
authorized to conduct the investigation and is known by the person to be
conducting the investigation, is a Class A misdemeanor.