H.B. No. 1283 amends the Penal Code regarding the punishment for the criminal offense of tampering with or fabricating physical evidence. The bill specifies that an offense under certain subsections is generally classified as a third-degree felony, but it introduces new classifications: it becomes a second-degree felony if the evidence tampered with is a human corpse, and it is classified as a Class A misdemeanor if the evidence pertains solely to a misdemeanor offense. Additionally, the bill establishes that an offense under a specific subsection is a Class A misdemeanor, and it provides a defense to prosecution if the evidence destroyed was visual material prohibited under a specific section of the law.
The changes made by this Act will only apply to offenses committed on or after its effective date of September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at the time of the offense, ensuring that the previous legal standards remain applicable for those cases.
Statutes affected: Introduced: Penal Code 37.09 (Penal Code 37)