Bill Text: TX HB1539 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the punishment for the criminal offense of tampering with or fabricating physical evidence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-15 - Committee report sent to Calendars [HB1539 Detail]

Download: Texas-2019-HB1539-Introduced.html
  86R9242 AJZ-F
 
  By: Geren H.B. No. 1539
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the punishment for the criminal offense of tampering
  with or fabricating physical evidence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.09, Penal Code, is amended by
  amending Subsections (c) and (c-1) and adding Subsection (c-2) to
  read as follows:
         (c)  An offense under Subsection (a) or Subsection (d)(1) is
  a felony of the third degree, except that the offense is:
               (1)  a felony of the second degree if [unless] the thing
  altered, destroyed, or concealed is a human corpse; and
               (2)  a Class A misdemeanor if the thing altered,
  destroyed, or concealed could be used as evidence in the
  investigation only of or an official proceeding related to only an
  offense punishable as a misdemeanor[, in which case the offense is a
  felony of the second degree].
         (c-1)  An offense under Subsection (d)(2) is a Class A
  misdemeanor.
         (c-2) [(c-1)]  It is a defense to prosecution under
  Subsection (a) or (d)(1) that the record, document, or thing was
  visual material prohibited under Section 43.261 that was destroyed
  as described by Subsection (f)(3) [(f)(3)(B)] of that section.
         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, 2019.
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