Texas 2015 - 84th Regular

Texas House Bill HB1035 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Johnson H.B. No. 1035
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to criminal offenses involving the filming, recording,
7	7	photographing, documenting, or observing of a peace officer.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 38.15(c), Penal Code, is amended to read
10	10	as follows:
11	11	(c) It is a defense to prosecution under Subsection (a)(1)
12	12	that the conduct engaged in by the defendant:
13	13	(1) was intended to warn a person operating a motor
14	14	vehicle of the presence of a peace officer who was enforcing
15	15	Subtitle C, Title 7, Transportation Code; or
16	16	(2) consisted only of filming, recording,
17	17	photographing, documenting, or observing a peace officer and if any
18	18	lawful orders by a peace officer to change proximity or position
19	19	were obeyed.
20	20	SECTION 2. Section 542.501, Transportation Code, is amended
21	21	to read as follows:
22	22	Sec. 542.501. OBEDIENCE REQUIRED TO PEACE [POLICE] OFFICERS
23	23	AND TO SCHOOL CROSSING GUARDS. (a) A person may not wilfully fail
24	24	or refuse to comply with a lawful order or direction of:
25	25	(1) a peace [police] officer; or
26	26	(2) a school crossing guard who:
27	27	(A) is performing crossing guard duties in a
28	28	school crosswalk to stop and yield to a pedestrian; or
29	29	(B) has been trained under Section 600.004 and is
30	30	directing traffic in a school crossing zone.
31	31	(b) Subsection (a)(1) does not apply to an order or
32	32	direction to cease filming, recording, photographing, documenting,
33	33	or observing a peace officer while the officer is engaged in the
34	34	performance of official duties. An officer may give an order or
35	35	direction to change a person's proximity or position.
36	36	SECTION 3. Section 37.09, Penal Code, is amended to read as
37	37	follows:
38	38	Sec. 37.09. TAMPERING WITH OR FABRICATING PHYSICAL
39	39	EVIDENCE. (a) A person commits an offense if, knowing that an
40	40	investigation or official proceeding is pending or in progress, he:
41	41	(1) alters, destroys, or conceals any record,
42	42	document, or thing with intent to impair its verity, legibility, or
43	43	availability as evidence in the investigation or official
44	44	proceeding; or
45	45	(2) makes, presents, or uses any record, document, or
46	46	thing with knowledge of its falsity and with intent to affect the
47	47	course or outcome of the investigation or official proceeding.
48	48	(b) This section shall not apply if the record, document, or
49	49	thing concealed is privileged or is the work product of the parties
50	50	to the investigation or official proceeding.
51	51	(c) An offense under Subsection (a), [or] Subsection
52	52	(d)(1), or Subsection (d)(3) is a felony of the third degree, unless
53	53	the thing altered, destroyed, or concealed is a human corpse, in
54	54	which case the offense is a felony of the second degree. An offense
55	55	under Subsection (d)(2) is a Class A misdemeanor.
56	56	(c-1) It is a defense to prosecution under Subsection (a),
57	57	[or] (d)(1), or (d)(3) that the record, document, or thing was
58	58	visual material prohibited under Section 43.261 that was destroyed
59	59	as described by Subsection (f)(3)(B) of that section.
60	60	(d) A person commits an offense if the person:
61	61	(1) knowing that an offense has been committed,
62	62	alters, destroys, or conceals any record, document, or thing with
63	63	intent to impair its verity, legibility, or availability as
64	64	evidence in any subsequent investigation of or official proceeding
65	65	related to the offense; [or]
66	66	(2) observes a human corpse under circumstances in
67	67	which a reasonable person would believe that an offense had been
68	68	committed, knows or reasonably should know that a law enforcement
69	69	agency is not aware of the existence of or location of the corpse,
70	70	and fails to report the existence of and location of the corpse to a
71	71	law enforcement agency[.]; or
72	72	(3) is a law enforcement officer or employee of a law
73	73	enforcement agency and, after taking possession or custody of
74	74	another person's audio, video or photographic recording of police
75	75	operations, alters, destroys, or conceals that recording without
76	76	the written consent of the owner.
77	77	(e) In this section, "human corpse" has the meaning assigned
78	78	by Section 42.08.
79	79	SECTION 4. (a) Except as provided by Subsection (b) of this
80	80	section, Section 38.15, Penal Code, and Section 542.501,
81	81	Transportation Code, as amended by this Act, apply to the
82	82	prosecution of an offense under one of those sections commenced
83	83	before, on, or after the effective date of this Act.
84	84	(b) A final conviction for an offense under Section 38.15,
85	85	Penal Code, or Section 542.501, Transportation Code, that exists on
86	86	the effective date of this Act is unaffected by this Act.
87	87	SECTION 5. This Act takes effect September 1, 2015.