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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the criminal offense of false report of |
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misconduct by emergency responders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 37, Penal Code, is amended by adding |
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Section 37.082 to read as follows: |
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Sec. 37.082. FALSE REPORT OF MISCONDUCT BY EMERGENCY |
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RESPONDER. (a) In this section, "emergency services personnel" |
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has the meaning assigned by Section 22.01. |
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(b) A person commits an offense if, with the intent to |
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deceive, the person: |
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(1) knowingly makes a false report that a peace |
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officer or emergency services personnel, while performing official |
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duties, engaged in conduct that violates a law of this state, |
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another state, or the United States or conduct that violates any |
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applicable internal policy or code of conduct of the law |
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enforcement agency or emergency services provider employing or |
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supervising the officer or personnel; and |
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(2) makes the report to: |
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(A) any law enforcement agency for the purpose of |
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initiating a criminal investigation against the officer or |
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personnel; or |
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(B) the law enforcement agency or emergency |
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services provider described by Subdivision (1) for the purpose of |
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initiating administrative or other disciplinary action against the |
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officer or personnel. |
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(c) An offense under this section is, if it is shown on the |
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trial of the offense that the false report consisted of an |
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allegation of conduct that violates a penal law of this state, the |
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greater of one category of offense lower than the most serious |
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offense falsely reported or a Class A misdemeanor. |
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(d) An offense under this section is a Class A misdemeanor |
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if it is shown on the trial of the offense that the false report |
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consisted of an allegation of conduct that violates a law of this |
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state, another state, or the United States, other than a penal law |
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of this state, or violates an internal policy or code of conduct of |
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the applicable law enforcement agency or emergency services |
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provider. |
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(e) If conduct that constitutes an offense under this |
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section also constitutes an offense under another law, the actor |
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may be prosecuted under this section, the other law, or both. |
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SECTION 2. This Act takes effect September 1, 2019. |