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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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tampering with a witness. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 36.05, Penal Code, is amended by |
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amending Subsections (a), (b), and (d) and adding Subsections |
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(c-1), (e), and (f) to read as follows: |
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(a) A person commits an offense if, with intent to influence |
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the witness or prospective witness, the person coerces, [he] offers |
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any benefit to, confers[,] or agrees to confer any benefit on, or |
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engages in any other conduct reasonably designed to cause [a
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witness or prospective witness in an official proceeding or
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coerces] a witness or prospective witness in an official |
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proceeding: |
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(1) to testify falsely; |
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(2) to withhold any testimony, information, document, |
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or thing; |
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(3) to elude legal process summoning the witness or |
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prospective witness [him] to testify or supply evidence; |
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(4) to be absent [himself] from an official proceeding |
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to which the witness or prospective witness [he] has been legally |
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summoned; or |
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(5) to abstain from, discontinue, or delay the |
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prosecution of another. |
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(b) A witness or prospective witness in an official |
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proceeding commits an offense if the actor [he] knowingly solicits, |
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accepts, or agrees to accept any benefit on the representation or |
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understanding that the actor [he] will do any of the things |
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specified in Subsection (a). |
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(c-1) For purposes of this section: |
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(1) an official proceeding is not required to be |
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pending at the time of the offense; and |
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(2) the testimony, information, document, or thing |
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that is or could be withheld is not required to be admissible in |
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evidence or free from a claim of privilege. |
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(d) An offense under this section is a [state jail] felony |
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of the third degree, except that if the official proceeding is part |
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of the prosecution of a criminal case, an offense under this section |
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is the same category of offense as the most serious offense charged |
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in that criminal case. |
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(e) Notwithstanding Subsection (d), if the most serious |
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offense charged is a capital felony, an offense under this section |
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is a felony of the first degree. |
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(f) If conduct that constitutes an offense under this |
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section also constitutes an offense under any other law, the actor |
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may be prosecuted under this section, the other law, or both. |
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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 on the date the offense was committed, |
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and 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. This Act takes effect September 1, 2011. |