80R8470 UM-D
 
  By: Garcia H.B. No. 3415
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the punishment for tampering with or fabricating
physical evidence.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  This Act may be cited as the Jennifer Cave Act.
       SECTION 2.  Section 37.09, Penal Code, is amended by
amending Subsection (c) and adding Subsection (e) to read as
follows:
       (c)  Except as provided by Subsection (e), an [An] offense
under Subsection (a) or Subsection (d)(1) is a felony of the third
degree. An offense under Subsection (d)(2) is a Class A
misdemeanor.
       (e)  An offense under Subsection (a)(1) is a felony of the
first degree if the physical evidence that is altered, destroyed,
or concealed is human remains.
       SECTION 3.  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
governed by the law in effect when the offense was committed, and
the former law is continued in effect for that purpose. For the
purposes of this section, an offense is committed before the
effective date of this Act if any element of the offense was
committed before that date.
       SECTION 4.  This Act takes effect September 1, 2007.