88R5988 JCG-F
By: Geren H.B. No. 1300
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 only to 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) 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, 2023.