Bill Text: TX HB41 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the penalty for certain conduct constituting an offense for false report to peace officer or law enforcement employee.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2011-03-08 - Left pending in committee [HB41 Detail]

Download: Texas-2011-HB41-Introduced.html

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82R724 GCB-D
By: Menendez H.B. No. 41

A BILL TO BE ENTITLED
AN ACT
relating to the penalty for certain conduct constituting an offense
for false report to peace officer or law enforcement employee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 37.08(a) and (c), Penal Code, are
amended to read as follows:
(a) A person commits an offense if, with intent to deceive,
the person [he] knowingly makes a false statement that is material
to a criminal investigation and makes the statement to:
(1) a peace officer conducting the investigation; or
(2) any employee of a law enforcement agency that is
authorized by the agency to conduct the investigation and that the
actor knows is conducting the investigation.
(c) An offense under this section is a Class B misdemeanor,
except that the offense is a state jail felony if the false
statement made by the actor with the intent to deceive alleges that
a peace officer engaged in conduct that constitutes a felony
offense.
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 when 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. It is the intent of the legislature that the
passage by the 82nd Legislature, Regular Session, 2011, of another
bill that amends Section 37.08, Penal Code, and the amendments made
by this Act shall be harmonized, if possible, as provided by Section
311.025(b), Government Code, so that effect may be given to each.
If the amendments made by this Act to Section 37.08, Penal Code, and
the amendments made to Section 37.08, Penal Code, by any other bill
are irreconcilable, it is the intent of the legislature that this
Act prevail, regardless of the relative dates of enactment of this
Act and the other bill or bills, but only to the extent that any
differences are irreconcilable.
SECTION 4. This Act takes effect September 1, 2011.