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 exceptions: 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 only to a misdemeanor offense. Additionally, the bill establishes that an offense under a different 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 that time, ensuring that the previous legal framework remains applicable for those cases.
Statutes affected: Introduced: Penal Code 37.09 (Penal Code 37)