BILL ANALYSIS

 

 

                                                                                                                                             H.B. 872

                                                                                                                                              By: Otto

                                                                                                                       Criminal Jurisprudence

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Section 37.09 of the Penal Code addresses the crimes of tampering with or the fabricating physical evidence. There have been occurrences where the physical evidence that has been tampered with or fabricated is that of a human corpse. In some of these cases, more severe charges against a suspect cannot be pursued because the human corpse has deteriorated to a point that it is no longer helpful as evidence in an investigation or subsequent trial.

 

H.B. 872 will make the crimes of altering, destroying, or concealing physical evidence a second degree felony if that evidence is a human corpse. 

 

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

 

House Bill 872 amends the Penal Code to provide that if the physical evidence altered, destroyed or concealed is a human corpse, the offense is a second degree felony. The bill also changes the words "human remains" to "human corpse," and makes conforming changes.  "Human corpse" has the meaning assigned by Section 42.08, Penal Code, for purposes of Section 37.09, Penal Code.  Makes the application of this Act prospective.

 

EFFECTIVE DATE

 

September 1, 2007.