|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the prosecution of and punishment for the offense of |
|
tampering with a witness. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 36.05, Penal Code, is amended by |
|
amending Subsection (d) and adding Subsections (e) and (f) to read |
|
as follows: |
|
(d) An offense under this section is a [state jail] felony |
|
of the third degree, except that if the official proceeding is part |
|
of the prosecution of a criminal case, an offense under this section |
|
is the same category of offense as the most serious offense charged |
|
in that criminal case. |
|
(e) Notwithstanding Subsection (d), if the most serious |
|
offense charged is a capital felony, an offense under this section |
|
is a felony of the first degree. |
|
(f) If conduct that constitutes an offense under this |
|
section also constitutes an offense under any other law, the actor |
|
may be prosecuted under this section, the other law, or both. |
|
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 |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 3. This Act takes effect September 1, 2011. |