86R7410 KJE-F
By: Bell of Kaufman H.B. No. 1625
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the criminal offense of false report of
misconduct by emergency responders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 37, Penal Code, is amended by adding
Section 37.082 to read as follows:
Sec. 37.082. FALSE REPORT OF MISCONDUCT BY EMERGENCY
RESPONDER. (a) In this section, "emergency services personnel"
has the meaning assigned by Section 22.01.
(b) A person commits an offense if, with the intent to
deceive, the person:
(1) knowingly makes a false report that a peace
officer or emergency services personnel, while performing official
duties, engaged in conduct that violates a law of this state,
another state, or the United States or conduct that violates any
applicable internal policy or code of conduct of the law
enforcement agency or emergency services provider employing or
supervising the officer or personnel; and
(2) makes the report to:
(A) any law enforcement agency for the purpose of
initiating a criminal investigation against the officer or
personnel; or
(B) the law enforcement agency or emergency
services provider described by Subdivision (1) for the purpose of
initiating administrative or other disciplinary action against the
officer or personnel.
(c) An offense under this section is, if it is shown on the
trial of the offense that the false report consisted of an
allegation of conduct that violates a penal law of this state, the
greater of one category of offense lower than the most serious
offense falsely reported or a Class A misdemeanor.
(d) An offense under this section is a Class A misdemeanor
if it is shown on the trial of the offense that the false report
consisted of an allegation of conduct that violates a law of this
state, another state, or the United States, other than a penal law
of this state, or violates an internal policy or code of conduct of
the applicable law enforcement agency or emergency services
provider.
(e) If conduct that constitutes an offense under this
section also constitutes an offense under another law, the actor
may be prosecuted under this section, the other law, or both.
SECTION 2. This Act takes effect September 1, 2019.