| 1 | 1 | | 88R2753 MM-D |
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| 2 | 2 | | By: Rosenthal H.B. No. 4480 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the prosecution and punishment of a criminal offense |
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| 8 | 8 | | relating to making false statements or reports of child abuse or |
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| 9 | 9 | | neglect. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 261.107(a), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (a) A person commits an offense if, with the intent to |
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| 14 | 14 | | deceive, the person knowingly makes a report as provided in this |
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| 15 | 15 | | chapter that is false. An offense under this subsection is: |
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| 16 | 16 | | (1) a state jail felony; or |
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| 17 | 17 | | (2) [unless it is shown on the trial of the offense |
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| 18 | 18 | | that the person has previously been convicted under this section, |
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| 19 | 19 | | in which case the offense is] a felony of the third degree if it is |
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| 20 | 20 | | shown on the trial of the offense that the person: |
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| 21 | 21 | | (A) has previously been convicted under this |
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| 22 | 22 | | section; or |
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| 23 | 23 | | (B) committed the offense because of bias or |
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| 24 | 24 | | prejudice as described by Article 42.014, Code of Criminal |
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| 25 | 25 | | Procedure. |
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| 26 | 26 | | SECTION 2. Section 261.107(a), Family Code, as amended by |
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| 27 | 27 | | this Act, applies only to an offense committed on or after the |
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| 28 | 28 | | effective date of this Act. An offense committed before the |
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| 29 | 29 | | effective date of this Act is governed by the law in effect on the |
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| 30 | 30 | | date the offense was committed, and the former law is continued in |
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| 31 | 31 | | effect for that purpose. For purposes of this section, an offense |
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| 32 | 32 | | was committed before the effective date of this Act if any element |
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| 33 | 33 | | of the offense occurred before that date. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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