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A BILL TO BE ENTITLED
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AN ACT
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relating to the penalty for certain conduct constituting an offense |
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for false report to peace officer or law enforcement employee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 37.08(a) and (c), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if, with intent to deceive, |
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the person [he] knowingly makes a false statement that is material |
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to a criminal investigation and makes the statement to: |
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(1) a peace officer conducting the investigation; or |
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(2) any employee of a law enforcement agency that is |
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authorized by the agency to conduct the investigation and that the |
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actor knows is conducting the investigation. |
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(c) An offense under this section is a Class B misdemeanor, |
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except that the offense is a state jail felony if the false |
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statement made by the actor with the intent to deceive alleges that |
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a peace officer engaged in conduct that constitutes a felony |
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offense. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. It is the intent of the legislature that the |
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passage by the 82nd Legislature, Regular Session, 2011, of another |
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bill that amends Section 37.08, Penal Code, and the amendments made |
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by this Act shall be harmonized, if possible, as provided by Section |
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311.025(b), Government Code, so that effect may be given to each. |
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If the amendments made by this Act to Section 37.08, Penal Code, and |
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the amendments made to Section 37.08, Penal Code, by any other bill |
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are irreconcilable, it is the intent of the legislature that this |
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Act prevail, regardless of the relative dates of enactment of this |
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Act and the other bill or bills, but only to the extent that any |
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differences are irreconcilable. |
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SECTION 4. This Act takes effect September 1, 2011. |