Amends TCA Title 40, Chapter 2.
This bill increases the statute of limitation for prosecution of official misconduct and destruction of and tampering with governmental records to six years from the date of the offense for offenses committed on or after July 1, 2023. The offense of destruction of and tampering with governmental records occurs when a person: (1) Knowingly makes a false entry in, or false alteration of, a governmental record; (2) Makes, presents, or uses any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or (3) Intentionally and unlawfully destroys, conceals, removes or otherwise impairs the verity, legibility or availability of a governmental record. Present law classifies a violation as a Class E felony and provides that prosecution begins within two years after the offense has been committed. This bill provides that prosecution for destruction of and tampering with governmental records committed on or after July 1, 2023, would instead commence within six years from the date the offense occurs. The offense of official misconduct generally occurs when a public servant who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power; (2) Commits an act under color of office or employment that exceeds the public servant's official power; (3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4) Violates a law relating to the public servant's office or employment; or (5) Receives any benefit not otherwise authorized by law. Present law classifies a violation as either a Class E felony or a Class A misdemeanor based on certain circumstances. Present law provides that prosecution begins within two years after the offense has been committed for Class E felonies and generally within 12 months after the offense has been committed for misdemeanors. This bill provides that prosecution for official misconduct committed on or after July 1, 2023, would instead commence within six years from the date the offense occurs.
This bill increases the statute of limitation for prosecution of official misconduct and destruction of and tampering with governmental records to six years from the date of the offense for offenses committed on or after July 1, 2023. The offense of destruction of and tampering with governmental records occurs when a person: (1) Knowingly makes a false entry in, or false alteration of, a governmental record; (2) Makes, presents, or uses any record, document or thing with knowledge of its falsity and with intent that it will be taken as a genuine governmental record; or (3) Intentionally and unlawfully destroys, conceals, removes or otherwise impairs the verity, legibility or availability of a governmental record. Present law classifies a violation as a Class E felony and provides that prosecution begins within two years after the offense has been committed. This bill provides that prosecution for destruction of and tampering with governmental records committed on or after July 1, 2023, would instead commence within six years from the date the offense occurs. The offense of official misconduct generally occurs when a public servant who, with intent to obtain a benefit or to harm another, intentionally or knowingly: (1) Commits an act relating to the public servant's office or employment that constitutes an unauthorized exercise of official power; (2) Commits an act under color of office or employment that exceeds the public servant's official power; (3) Refrains from performing a duty that is imposed by law or that is clearly inherent in the nature of the public servant's office or employment; (4) Violates a law relating to the public servant's office or employment; or (5) Receives any benefit not otherwise authorized by law. Present law classifies a violation as either a Class E felony or a Class A misdemeanor based on certain circumstances. Present law provides that prosecution begins within two years after the offense has been committed for Class E felonies and generally within 12 months after the offense has been committed for misdemeanors. This bill provides that prosecution for official misconduct committed on or after July 1, 2023, would instead commence within six years from the date the offense occurs.
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