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AN ACT
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relating to the punishment for tampering with certain governmental |
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records concerning forensic analyses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.10(c)(2), Penal Code, is amended to |
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read as follows: |
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(2) An offense under this section is a felony of the |
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third degree if it is shown on the trial of the offense that the |
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governmental record was: |
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(A) a public school record, report, or assessment |
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instrument required under Chapter 39, Education Code, or was a |
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license, certificate, permit, seal, title, letter of patent, or |
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similar document issued by government, by another state, or by the |
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United States, unless the actor's intent is to defraud or harm |
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another, in which event the offense is a felony of the second |
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degree; |
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(B) a written report of a medical, chemical, |
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toxicological, ballistic, or other expert examination or test |
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performed on physical evidence for the purpose of determining the |
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connection or relevance of the evidence to a criminal action; or |
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(C) a written report of the certification, |
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inspection, or maintenance record of an instrument, apparatus, |
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implement, machine, or other similar device used in the course of an |
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examination or test performed on physical evidence for the purpose |
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of determining the connection or relevance of the evidence to a |
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criminal action. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect when the offense was committed, and |
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the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 3. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1813 was passed by the House on April |
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21, 2009, by the following vote: Yeas 145, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1813 was passed by the Senate on May |
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11, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |