79R1203 EMT-F

By:  McReynolds                                                   H.B. No. 311



A BILL TO BE ENTITLED

AN ACT

relating to the prosecution and punishment of the offense of making 
a false report to a peace officer or law enforcement employee.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.08, Penal Code, is amended to read as 
follows:        
	Sec. 37.08.  FALSE REPORT TO PEACE OFFICER OR LAW 
ENFORCEMENT EMPLOYEE.  (a)  A person commits an offense if, with 
intent to deceive, he knowingly makes a false statement that is 
material to the [a] criminal investigation of a felony and makes the 
statement to:
		(1)  a peace officer conducting the investigation; or                         
		(2)  an [any] employee of a law enforcement agency that 
is authorized by the agency to conduct the investigation and that 
the actor knows is conducting the investigation.
	(b)  A person commits an offense if, with intent to deceive, 
he knowingly makes a false statement that is material to the 
criminal investigation of a misdemeanor and makes the statement to:
		(1)  a peace officer conducting the investigation; or                  
		(2)  an employee of a law enforcement agency that is 
authorized by the agency to conduct the investigation and that the 
actor knows is conducting the investigation.
	(c)  In this section, "law enforcement agency" has the 
meaning assigned by Article 59.01, Code of Criminal Procedure.
	(d) [(c)]  An offense under Subsection (a) is a state jail 
felony.  An offense under Subsection (b) [this section] is a Class B 
misdemeanor.
	SECTION 2.  The change in law made by this Act applies only 
to an offense committed on or after the effective date of this Act.  
An offense committed before the effective date of this Act is 
covered by the law in effect when the offense was committed, and the 
former law is continued in effect for that purpose.  For purposes of 
this section, an offense is committed before the effective date of 
this Act if any element of the offense occurs before the effective 
date.
	SECTION 3.  This Act takes effect September 1, 2005.