The charge drops from a third-degree felony to a Class A misdemeanor.
The bill changes the punishment for tampering with or fabricating physical evidence. If the evidence could only be used in a case about a misdemeanor, the tampering offense drops from a third-degree felony to a Class A misdemeanor, while tampering with a human corpse stays a second-degree felony. The change applies only to offenses committed on or after September 1, 2025, and it also renumbers an existing defense without changing it.
Labels
Labels: ZOMBIE BILL. Died 2 times: 88R HB 1300 (Died in committee) and this bill (Died in committee). Checked against 88R only.BACK FROM THE DEAD. Same text as a bill filed before that died: 88R HB 1300 (Died in committee). Filed in 2 sessions, counting this one. Checked against 88R only.TRY NO. 2. Filed in 2 sessions: 88R and 89R. Checked against 88R only.NEVER GOT A HEARING. Filed Nov 13, 2024 and referred to the House Criminal Jurisprudence committee. No public hearing. The bill died.
relating to the punishment for the criminal offense of tampering
with or fabricating physical evidence.
WHAT IT DOES
The charge drops from a third-degree felony to a Class A misdemeanor.
The bill changes the punishment for tampering with or fabricating physical evidence. If the evidence could only be used in a case about a misdemeanor, the tampering offense drops from a third-degree felony to a Class A misdemeanor, while tampering with a human corpse stays a second-degree felony. The change applies only to offenses committed on or after September 1, 2025, and it also renumbers an existing defense without changing it.
Data snapshot Oct 26, 2026 at 6:51 AM CDT. Grades, charges, quotes and corrections follow the published record.
House committee · Criminal Jurisprudence · Final status: Died in committee
Subjects
Crimes--Against Persons--General
Crimes--Miscellaneous
EVIDENCE
Text
The text as introduced · 299 words
By: Geren
H.B. No. 1283
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, 2025.