By: Woolley (Senate Sponsor - Patrick) H.B. No. 1856

(In the Senate - Received from the House May 16, 2011; May 16, 2011, read first time and referred to Committee on Criminal Justice; May 21, 2011, reported favorably by the following vote: Yeas 6, Nays 0; May 21, 2011, sent to printer.)

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.

* * * * *