In The United States District Court
For
The Southern District of Texas
Houston Division
Louis Charles Hamilton II Notice of
Motion for
Pro Se
Plaintiff “Aggravated
Perjury Charges”
Vs. U.S. Docket No. 4:16-CV-1774.
State of Texas, et al Chief
Defendant Vanessa D. Gilmore
‘United
States District Judge”
Comes
Now Slave Negro Pro Se Plaintiff Respectfully
Appearance (Pro Se Plaintiff) Louis Charles Hamilton II herein (USN) before the
Honorable Court, the special vulnerability of the victim being still “enslaved”
since August 20th 1619 – February 7th 2013 ‘United States District Court” Houston
Division Chief Defendant U.S. Federal Judge Vanessa D. Gilmore committed to on
or about May 2nd 2016 “Aggravated Perjury”, in direct violation of Sec.
37.03. knowingly making a false entry to further aid and
abetting the Chief Defendant U.S. District Judge David Hittner collectively together
hide, abscond, and scuttle an entire civil action on behalf of the Defendant Federal Reserve Bank et al U.S. Docket No.
4:16-CV-1774 from the Defendant themselves (Federal Reserve Bank)…? Officially being
an ongoing still 2016 (RICO) criminal “Third Party” in the official August 20th
1619 – 2013 hiding the “physical human rights
violation of enslavement” of the “Pro Se Plaintiff Louis Charles Hamilton II since
the date of
Birth November 8th
1961 in his person, The President of The United States of America Negro race
Barack Obama and Negro race first family, and amazing 44.5 DNA Abused Million Negro
Race Slaves since August 20th 1619 being now in 2016 (December) a
grand slavery servitude “continue” RICO
enslavement civil rights violation whites supremacy scheme of things
As 44.5 Million human Negro
race in 2013 no less Official property of the (United States of America), The
Federal Reserve Bank and the Defendant State of Mississippi” Knights of the Klu
Klux Klansmen fully (RICO) criminal violation surrounding circumstances of “Whites
Supremacy” and the direct destruction of the 13th Amendment of the
United States of America et al while insuring the destroyed the 14th
amendment to enslave 44.5 Million Negro Race since the 1865 Civil War which the
surrender being violated by 148 years later when Mississippi Free this Slave
Negro Pro Se Plaintiff Louis Charles Hamilton II (USN) #2712 SS in his person
During which at the same
time frame of several USA Complaint in regards to being among other things “Enslaved”
by the Federal Reserve Bank, while paying taxes…? Since births for 52 years “pro
se” enslaved in his person, as Chief
Defendant U.S. Federal Judge Vanessa D. Gilmore “actually” legally born into
Slavery Servitude of the defendant United States of America et al To wit: on or
about Chief Defendant refusal to let “pro
se” Plaintiff proceed (IFP) in forma pauperis, for the charges levy against the
defendant Federal Reserve Bank, for enslaving 44.5 Million Negro Race, with
United States of America and all Corporations from the exact time frame of
August 20th 1619 – 2013 which
U.S. District Judge” Vanessa
D. Gilmore and Chief Defendant U.S. District Judge Alfred H. Bennett on August
3rd 2016 Hamilton v. Donald John Trump Sr. both, Negro Race Judges criminal
RICO under color of law against 44.5 Million Negro Plaintiffs”, engaging in “Aggravated
Perjury” to cover up “enslavement” of missing provision of a destroyed 14th
amendment denied “Citizenship rights since 1865 Civil War of Defendant (USA) as
claimed in each complaint before the court in well detail “English” no
(fucking) less with supporting exhibit(s) of defendant (USA) own government records
as a whole civil rights violation of a destroyed
13th and 14th amendment as
these two (Negro) race defendant U.S. Justices (Bennett) and (Gilmore) with deliberate
concisions, having full knowledge of all absent material facts of a missing
voided 13th and 14th amendment
supporting at the Least” (IFP) , 28 U.S. Code § 1915 -
Proceedings in forma
pauperis on (IFP) Application being fully grated in law and equity governing
the actual legal facts as claimed in each Complaint”, Mississippi free the “Pro
Se Slave (Hamilton) in his person and
President of The United
States of America Negro race (Barack Obama) when the 13th amendment officially
ratified completely whole legal fashion being granting “actual” legalized
freedom on or about the 7th day of February 2013 as Chief Defendant Vanessa D.
Gilmore aid and abetting in cover up
the “Enslavement” of the
Negro Plaintiff(s) collectively appearing before the “court” to continue under
color or law denied on the 2nd day of May 2016 Order filed herein as
exhibit (A) stating: The Court finds that the Petitioner can make no rational
argument in law or fact to support his claim for relief…signed “Vanessa D.
Gilmore” whom Order “pro se” Plaintiff to pay $400.00 US Dollars in order the
defendant “Federal Reserve Bank” et al being process said complaint and served
a summon in accordance’s with the Court orders and the “infamous (FRCP) upon
which, Chief Defendant Vanessa D. Gilmore in “her” Aggravated Perjury” state officially
(RICO) stolen $400.00 U.S. Dollars and had the funds filed in a different
account other than the defendant (Federal Reserve Bank) to aid and abetting in
cover up the “Enslavement” of the Negro Plaintiff(s) collectively with a
Judicial Fraud upon the Court”, official “Blind Eye” insensitive, slow, obtuse,
uncomprehending, to the constitutional Missing provision of equality provision
in the void 14th amendment at the own occurred of the criminal “lynching
murderous” acts from 1866 – 2013 as Chief Defendant U.S. District Judge Alfred
H. Bennett in (RICO) conspired on August 3rd 2016 to the same criminal conduct as Chief Defendant
U.S. District Judge” Vanessa
D. Gilmore both, criminal RICO under color of law working in the Professional
Position as Judges for the United States of America against 44.5 Million Negro
Plaintiffs”, and the First Presidential Negro Family (Obama) being a party to
said civil action (Judges) greedy, rouge, stupidity, and aggressively committed
without even a second thought aggravated perjury falsely hostile in denied (2) IFP
pursuant to the actual standards set for a “poor” person asking Constitutional
Questions as a matter of law and the content of Constitutional question, as
being destroyed 13th and 14th amendment violation (screamed) massively within
the documentation, with the duty of care being kick aside as defendants,
(Federal U.S. Claimed
Honorable) Justices many years in legal law expert capacity having facts all
material factual sound and true from defendant own laws, not far fetch fairy
tales but (RICO) true to support the defendant very own rules of governing laws
that only to “Whites Only” The Federal Rules of Civil Procedure (FRCP) govern
civil procedure (i.e. for civil lawsuits) in United States district (federal)
courts, 28 U.S. Code § 1915 - Proceedings in forma pauperis on (IFP)
Application as further Stated Notice of Appeal on (IFP) Application Under 28
U.S.C. 1915 U.S. Docket No.4:2016-MC-01633
Negro Slave Judge Vanessa D
Gilmore in 2016 (57) years a “Negro Slave of America since exact date of birth
October 1956 – February 7th 2013 when
Chief Defendant U.S.
District Judge Alfred H. Bennett born 1965 (48) years already himself enslave
by defendant (USA) being precisely criminal RICO under color of law against
44.5 Million Negro Plaintiffs”, and his very own “Negro Enslave family wife and
two sons, having no legal 14th amendment of Citizenship, absolutely
Denaturalization by among other defendant “The Federal Reserve Bank” money laundering
and Slavery scheme with (United States of America) upon which
same as complaint stated but
denied IFP based on the
no-constitutional question(s) surrounding defendant namely (USA) Mississippi
freed officially Slave Negro Judge Vanessa D Gilmore herein herself whom in
future time frame in 2016 being (57) years a “Negro Slave” of defendant America
since actual birth without any legal citizenship after February 7th 2013 when
defendant (USA) Mississippi freed officially
Slave Negro Judge Vanessa D
Gilmore in said (RICO) sham aid and abetting corruption and Treason direct at President
Barack Obama and His First Presidential Family all having no citizenship, being
destroyed by the (KKK) conduct of defendant own “Judicial Republican Party Judges
Whites Supremacy Klansmen 1865 – 2016 (December) continual (RICO) Slave Trade” control
over
“Enslaves (Plaintiffs) collectively
herein for an extra 148 years (delinquent) with defendant (Federal Reserve Bank) since
1913 continue profiting in unjust enrichments off “enslave” 44.5 Million Negros
race with no just citizenship, just poverty and abuse being a direct actual legal
cause of action fully officially as described in all 4 cases filed in 2016
Hamilton v. United States of America primary denied as
Chief Defendant” Vanessa D. Gilmore (RICO) in
the “Aggravated Perjury” in abduction of $400.00 filing fee never ever served
to Defendant (Federal Reserve Bank as of this very undersigned seal Notary
date, engaging further in a conspire nature with denied further a “pro se”
Plaintiff Motion to
“Consolidation being
rejected without “cause or reason” nor has the Defendant actual being a party
to this action (Federal Reserve Bank) as the Co-Chief Defendant David Hittner”
as recent having in 2012 honor the preservation of this continual collusion of
the defendant (USA) The 1790 (RICO) Naturalization Act, in that “Legally and
1000% physically” having full conscious knowledge and professional legal expert
fiduciary responsibility Republican Judges are on duty first and foremost is
protect their “Property” the 44.5 Million enslavement (Plaintiffs) herein as
Namely Knights of the Klu
Klux Klansmen who officially kept the Civil War alive by violation of the
article of agreement The official surrender document of Lee's troops to the
Union Army, signed at the ... on
April 9, 1865, criminally in
2016 (December) against the peace, will, dignity, civil rights, constitutional rights,
freedom, equality, and future prosperity beholding against now current time
frame 44.5 plus Million “Negro Slaves Plaintiffs herein past present
descendants DNA with all future Slave Negro youth and all family involved
therein enslaved timeline as already Chief Defendant herein David Hittner,
committed to further criminal
(RICO) acts on or about October 9th 2012 the
enforcement of “Black Codes” Act to establish a Code of Criminal Procedure for
the State of Texas, approved August 26th, 1866,
Directed at “pro se”
Plaintiff “Louis Charles Hamilton II” in his person official Slave Property of
the State of Mississippi within jurisdiction of United States of America et al
Until February 7th
2013 And “pro se” Plaintiff “Louis
Charles Hamilton II” in his person official Slave Property o The Knights of the
Klu Klux Klansmen (1865 – 2016) “Slave Trade Dynasty” as Chief Defendant U.S.
Federal Judge Vanessa D. Gilmore, committed to on or about May 2nd
2016 further (RICO), Obstruction of Justice, concealment, aid and abetting,
concert of action Surrounding hiding the
“summon and complaints for (Defendant)Federal Reserve Bank et al U.S. Docket
No. 4:16-CV-1774 (stolen) $400.00 US Dollars from a “SSI Check” poor man check
of the “pro se” Plaintiff to process this complaint further all which is
hidden, and now under the control of
“Whites Only” Judge David Hittner” whom
already officially enslaved “pro se” Plaintiff Hamilton in his Person
physically on October 9th 2012 no less still being “enslaved” as
Chief Defendant Vanessa D. Gilmore engaging in “Aggravated Perjury” surrounding
a denied (IFP) rights of a “enslave” and the abduction of $400.00 U.S. Dollars
filing fee to have Federal Reserve Bank complaint hiding in the (Bank Vault) as
the court clamming “foolishly and RICO 44.5 Million Negro enslave since 1913
December in a money laundering scheme of things with “Slave Trade Corporations,
and Chief Defendant “United States of America” et al
148 years after the 1865
Civil War, being Crooked as described in 4 Complaints all being RICO against to
include the recent (Bombing) attempt of the Houston Texas Library directed at
among many others, “pro se” Plaintiff (Hamilton) himself, as Martin Luther King
Jr. being a party to this action for his forced wrongful death due in large
part Republican Judicial Party still “pimping
and pandering” in Slave Trade of 44.5 Million Negro race against their will, as
the Court itself in the Crooked element in the continual 2016 (December)
violations of The Racketeer Influenced and Corrupt Organizations Act,” ” as
Chief Defendant Vanessa D. Gilmore engaging in “Aggravated Perjury” in conspire
in destroyed 14th Amendment rights
False Imprisonment DNA Negro
Slaves in connection with additional “fraud upon the court” action(s) with
Judge “Melinda Harmon” in U.S. Docket
No. 4:2016-CV-01354 direct “Aggravated Perjury” direct to all 44.5 Million
Negro race (Plaintiffs) past, present and future being “kept” secretly under a
continual (RICO) “Slavery Servitude, 18 U.S.C. § 1589 (forced labor), 18 U.S.C.
§ 1590 (trafficking with respect to peonage, slavery, involuntary servitude, or
forced labor),“Slavery Servitude” money laundering statutes,18 U.S.C. 1956 and
1957,
“Slavery Servitude” money
laundering statutes, RICO statute (18 U.S.C. § 1961(1), Conversion, Civil
Conspirers, Collusion concert of action in violation 18 U.S. Code § 1344 - Bank
fraud, Fraud and Willful Misrepresentation, 212(a)(6)(C)(i) Material
Misrepresentation / Fraud,
“Fraudulent Void defendant
18 U.S. Code § 249 - Hate crime acts, in connection with Chief Defendant U.S.
Federal Judge David Hittner, committed to further criminal (RICO) acts on or
about October 9th 2012 Judicial duties performed in direct Violation under
Title 18, U.S.C., Section 242 Deprivation of Rights Under Color of Law ... and
“Honest Services Fraud 18 U.S.C. § 1346”, conspiracy to commit wire fraud, mail
fraud, and major fraud against the United States, False Statements,
Concealment—18 U.S.C. § 1001, Further affirm “Aiding & Abetting”,
“Assisting or Encouraging”, “Assistant & Participating”, “Concert of
Actions” massive 2011
Civil conspire directed at
(pro se) Hamilton being cover up acts of killing of one human being by another
“Homicide” as Pro Se Plaintiff hidden and legally declared Dead in a wrongful death(s), wrongful death of (Plaintiff
unborn fetus),
Religious prosecution, Custodial Interference,
Child abduction/Child Theft, Theft of Body, grave robber, scheme of things in
Utah. Which Chief Defendant U.S. Federal Judge David Hittner, committed to
further criminal (RICO) acts on or about October 9th 2012 Judicial duties
performed in direct Fraud Non-Disclosure, Common law fraud, Fraud upon the
court,
Judicial Fraud and
Obstruction of Justice, abuse of power, Judicial bias, intentional infliction
of emotional distress, aid and abetting, in the cover up several Federal Civil
Actions and having a direct interest in the out-come “Keeping 44.5 Million (Negro
DNA Race American still Slaves) in 2011 without any “Legal Citizenship of the
14th Amendment of the United States of America, while hiding such “enslavement”
in 2011 directed at the acting President of The United States of America
(Obama) and entire Negro Family enslaved by among others said
Chief Defendant U.S. Federal
Judge David Hittner, committed to on or about October 9th 2012 further (RICO),
while committed to “Treason” in hate crimes of insurances human rights World
Violation criminal acts of continual august 20th 1619 continual in
2011 forced “enslavement” for unjust enrichment directed at the
President Barack Obama and
his Negro (Obama) Presidential First Family and continual “Aggravated Perjury”,
in (RICO) endeavor 2011 forced “enslavement” for unjust enrichment directed at 44.5
Million Negro and the “Pro Se” Plaintiff Louis Charles Hamilton II herein his
person
Enslaved since date of birth
November 8th 1961 by “United States of America et al as described in
said complaint be made fully physically continual in 2011 same forced
“enslavement” for unjust enrichment by one Chief Defendant U.S. Federal Judge
David Hittner, whom also committed to mutable counts of
“Aggravated Perjury”, on or
about October 9th 2012 engaged in the “Official Capacity” as U.S. Judges as he did
so criminally with full intent and perceived knowledge engaging in among other
things (RICO) The Racketeer Influenced and Corrupt Organization Act (RICO) in
direct criminal violation of 18 U.S.C. § 1589 (forced labor), 18 U.S.C. § 1590
(trafficking with respect to peonage, slavery, involuntary servitude, or forced
labor),“Slavery Servitude” money laundering statutes,
18 U.S.C. 1956 and 1957,
“Slavery Servitude” money laundering statutes, RICO statute (18 U.S.C. §
1961(1), directed at Slave Negro Louis Charles Hamilton II Pro Se Plaintiff USN
# 2712 SS in his person and indirectly 44.5 Million Still Negro American
slaves, (Plaintiff) collectively since abduction August 20th 1619 been living
off next to nothing in process still “Hidden Enslavement Property” no Legal
Citizenship in 2012 as Slaves have no civil rights
all “Aggravated Perjury”, Chief
Defendant U.S. Federal Judge David Hittner, and defendant(s) collectively being Conquering controlling Judicial Republican
Party committed to Slave Trade still 1619 RICO Fraud herein 2012 cover up
“Enslavement False Imprisonment slave labor endeavor well into 2013 David
Hittner ‘United States District Judge” having full conscious knowledge and
professional legal expert fiduciary responsibility that:
The 1790 Naturalization Act
reserves naturalized citizenship for whites only was fully enforced against the
(Pro Se Plaintiff) the first Presidential Negro Family (Obama) and 44.5 Million
Negros legally without legal citizenship after 1865 “civil war” trapped by this
continual 1790 (RICO) Naturalization Act.
Articles of Agreement
Relating to the Surrender of the Army of Northern Virginia. April 10, 1865, was
fully violated and that “Mississippi” never freed the (Pro Se Plaintiff) the
first Presidential Negro Family (Obama)
and 44.5 Million Negros legally without legal citizenship after 1865
“civil war” trapped by this continual collusion of the defendant (USA) The 1790
(RICO) Naturalization Act. ” as Chief Defendant Vanessa D. Gilmore
engaging in “Aggravated Perjury” direct officially at protection of Defendant “Federal
Reserve Bank et al” enslavement for profit with the destroyed
The 13th amendment to the
“United States of America” which factual legal circumstances was destroyed,
annihilate, wipe out, and fully obliterate, fully in law and equity” official
in leaving (Pro Se Plaintiff), the first Presidential Negro Family (Obama) and
44.5 Million Negros legally born between the exact dates of August 20th 1619 -
February 7th 2013 “Slaves of The United States of America”, as so legally Born
unto “Slavery Servitude”.
The 14th amendment to the
“United States of America” was also destroyed, annihilate, wipe out, and fully
obliterate, fully in law and equity” official in leaving (Pro Se Plaintiff),
the first Presidential Negro Family (Obama)
And 44.5 Million Negros
legally born between the exact dates of February 7th 2013 – 2099 pursuant to
“Elite Secret Whites Only” Judicial Government The 1790 Naturalization Act
reserves naturalized citizenship for whites only having “officially”
denaturalization (Pro Se Plaintiff), the first
Presidential Negro Family (Obama) and 44.5
Million Negros legally born between the exact dates of February 7th 2013 – 2099
“Leaving” (Pro Se Plaintiff), the first Presidential Negro Family (Obama) and
44.5 Million Negros
“without” any legal citizenship, any just equal claim legal standing before any
Federal Court of Law, and “official property” of all “card-holders” of the
Knights of The Klu Klux Klansmen, and United States of America et al
forevermore, Pursuant to: Dred Scott v. Sandford, 60 U.S. 393 (1857),
That august 20th 1619 “Slavery
Servitude”, “Black Code Laws” and “Jim Crow Laws” where fully “Enforced” On or
about “October” 9th 2012 (RICO) enterprise and all three “Human Right
Violations directed at all (Negros) running concurrently in 2016 this
undersigned date, pursuant to “Elite Secret Klansmen Whites Only” Judicial
Government securing The 1790 Naturalization Act reserves naturalized
citizenship for whites only having “officially” denaturalization (Pro Se
Plaintiff), the first Presidential Negro Family (Obama) and 44.5 Million Negros legally born between
the exact dates of 1790 – 2099
That august 20th 1619
“Slavery Servitude”, “Black Code Laws” and “Jim Crow Laws” where fully
“Enforced” On or about “October” 9th 2012 (RICO) enterprise and all three
“Human Right Violations directed at all (Negros) running concurrently in 2016
this undersigned date, and enterprise David Hittner ‘United States District
Judge” having full conscious knowledge and professional legal expert in
“Cheating, committing, (RICO) cover up and to conspiring
Chief Defendant U.S. Federal
Judge David Hittner, committed to further on or about October 9th 2012 FALSIFICATION
OF Government decree, judgement order records and further violation Sec. 37.04.
MATERIALITY all facts to aid a cover up scheme In connection with Co-defendant
United States Of America, State Of Texas, Harris County Texas, City of Houston
Texas, Annise Parker, Chief of Houston Police Department,
Law Office of Harry C
Arthur, Marine Building LLC, AA Quick Bond, Mike Cox's Bail SVC, Lacey's
Deli, Jonathan A Gluckman, Wayne Heller, The Ring Investigations Mark Thering,
The Ring Investigations Kandy Villarreal, Mark Thering, Darrel Jordon, Daniel
Perez-Garcia, Marquerite Hudig, Carl D Haggard, F.M. Poppy Northcut, Sandra
Martinez and Allen J Guidry thereof Civil
Action H-11-4254 Chief Defendant U.S. Federal Judge David Hittner, ” as further
collectively Chief Defendant Vanessa D. Gilmore engaging in “Aggravated
Perjury” and Chief Defendant “Melinda Harmon” and Chief Defendant U.S. District
Judge Alfred H. Bennett on August 3rd 2016 Hamilton v. Donald John Trump Sr. committed
to same long road of cover up, hostile “enslavement” of the “pro se” U.S. Navy
Vet Negro Slave Hamilton II in his person being under criminal (RICO) ““Aggravated
Perjury”, Falsification of government records, and Materiality obstruction all
facts derived thereof as defined by
PENAL
CODE
TITLE
8. OFFENSES AGAINST PUBLIC ADMINISTRATION
CHAPTER
37. PERJURY AND OTHER FALSIFICATION
Sec.
37.01. DEFINITIONS. In this chapter:
(1) "Court record" means a decree,
judgment, order, subpoena, warrant, minutes, or other document issued by a
court of:
(A) this state;
(B) another state;
(C) the United States;
(D) a foreign country recognized by an act of
congress or a treaty or other international convention to which the United
States is a party;
(E) an Indian tribe recognized by the United
States; or
(F) any other jurisdiction, territory, or
protectorate entitled to full faith and credit in this state under the United
States Constitution.
(2) "Governmental record" means:
(A) anything belonging to, received by, or kept
by government for information, including a court record;
(B) anything required by law to be kept by others
for information of government;
(C) a license, certificate, permit, seal, title,
letter of patent, or similar document issued by government, by another state,
or by the United States;
(D) a standard proof of motor vehicle liability
insurance form described by Section 601.081, Transportation Code, a certificate
of an insurance company described by Section 601.083 of that code, a document
purporting to be such a form or certificate that is not issued by an insurer
authorized to write motor vehicle liability insurance in this state, an
electronic submission in a form described by Section 502.046(i), Transportation
Code, or an evidence of financial responsibility described by Section 601.053
of that code;
(E) an official ballot or other election record;
or
(F) the written documentation a mobile food unit
is required to obtain under Section 437.0074, Health and Safety Code.
(3) "Statement" means any
representation of fact.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1991, 72nd Leg., ch. 113,
Sec. 3, eff. Sept. 1, 1991; Acts 1993,
73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 1997, 75th Leg., ch. 189, Sec. 5, eff.
May 21, 1997; Acts 1997, 75th Leg., ch.
823, Sec. 3, eff. Sept. 1, 1997; Acts
1999, 76th Leg., ch. 659, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 393, Sec. 21, eff.
Sept. 1, 2003.
Amended
by:
Acts
2007, 80th Leg., R.S., Ch. 1276 (H.B. 3672), Sec. 2, eff. September 1, 2007.
Acts
2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 16.004, eff. September 1,
2013.
Sec.
37.02. PERJURY. (a) A
person commits an offense if, with intent to deceive and with knowledge of the
statement's meaning:
(1) he makes a false statement under oath or
swears to the truth of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under
Chapter 132, Civil Practice and Remedies Code.
(b) An offense under this section is a Class A
misdemeanor.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.03. AGGRAVATED PERJURY. (a) A
person commits an offense if he commits perjury as defined in Section 37.02,
and the false statement:
(1) is made during or in connection with an
official proceeding; and
(2) is material.
(b) An offense under this section is a felony of
the third degree.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.04. MATERIALITY. (a) A
statement is material, regardless of the admissibility of the statement under
the rules of evidence, if it could have affected the course or outcome of the
official proceeding.
(b) It is no defense to prosecution under Section
37.03 (Aggravated Perjury) that the declarant mistakenly believed the statement
to be immaterial.
(c) Whether a statement is material in a given
factual situation is a question of law.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.06. INCONSISTENT STATEMENTS. An information or indictment for perjury
under Section 37.02 or aggravated perjury under Section 37.03 that alleges that
the declarant has made statements under oath, both of which cannot be true,
need not allege which statement is false.
At the trial the prosecution need not prove which statement is false.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900,
Sec. 1.01, eff. Sept. 1, 1994.
Sec.
37.10. TAMPERING WITH GOVERNMENTAL
RECORD. (a) A person commits an offense if he:
(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 be
taken as a genuine governmental record;
(3) intentionally destroys, conceals, removes, or
otherwise impairs the verity, legibility, or availability of a governmental
record;
(4) possesses, sells, or offers to sell a
governmental record or a blank governmental record form with intent that it be
used unlawfully;
(5) makes, presents, or uses a governmental
record with knowledge of its falsity; or
(6) possesses, sells, or offers to sell a
governmental record or a blank governmental record form with knowledge that it
was obtained unlawfully.
(b) It is an exception to the application of
Subsection (a)(3) that the governmental record is destroyed pursuant to legal
authorization or transferred under Section 441.204, Government Code. With regard to the destruction of a local
government record, legal authorization includes compliance with the provisions
of Subtitle C, Title 6, Local Government Code.
(c)(1) Except as provided by Subdivisions (2), (3),
and (4) and by Subsection (d), an offense under this section is a Class A
misdemeanor unless the actor's intent is to defraud or harm another, in which
event the offense is a state jail felony.
(2) An offense under this section is a felony of
the third degree if it is shown on the trial of the offense that the
governmental record was:
(A) a public school record, report, or assessment
instrument required under Chapter 39, Education Code, data reported for a
school district or open-enrollment charter school to the Texas Education Agency
through the Public Education Information Management System (PEIMS) described by
Section 42.006, Education Code, under a law or rule requiring that reporting,
or a license, certificate, permit, seal, title, letter of patent, or similar
document issued by government, by another state, or by the United States,
unless the actor's intent is to defraud or harm another, in which event the
offense is a felony of the second degree;
(B) a written report of a medical, chemical,
toxicological, ballistic, or other expert examination or test performed on
physical evidence for the purpose of determining the connection or relevance of
the evidence to a criminal action;
(C) a written report of the certification,
inspection, or maintenance record of an instrument, apparatus, implement,
machine, or other similar device used in the course of an examination or test
performed on physical evidence for the purpose of determining the connection or
relevance of the evidence to a criminal action; or
(D) a search warrant issued by a magistrate.
(3) An offense under this section is a Class C
misdemeanor if it is shown on the trial of the offense that the governmental
record is a governmental record that is required for enrollment of a student in
a school district and was used by the actor to establish the residency of the
student.
(4) An offense under this section is a Class B
misdemeanor if it is shown on the trial of the offense that the governmental
record is a written appraisal filed with an appraisal review board under
Section 41.43(a-1), Tax Code, that was performed by a person who had a
contingency interest in the outcome of the appraisal review board hearing.
(d) An offense under this section, if it is shown
on the trial of the offense that the governmental record is described by
Section 37.01(2)(D), is:
(1) a Class B misdemeanor if the offense is
committed under Subsection (a)(2) or Subsection (a)(5) and the defendant is
convicted of presenting or using the record;
(2) a felony of the third degree if the offense
is committed under:
(A) Subsection (a)(1), (3), (4), or (6); or
(B) Subsection (a)(2) or (5) and the defendant is
convicted of making the record; and
(3) a felony of the second degree,
notwithstanding Subdivisions (1) and (2), if the actor's intent in committing
the offense was to defraud or harm another.
(e) It is an affirmative defense to prosecution
for possession under Subsection (a)(6) that the possession occurred in the
actual discharge of official duties as a public servant.
(f) It is a defense to prosecution under Subsection
(a)(1), (a)(2), or (a)(5) that the false entry or false information could have
no effect on the government's purpose for requiring the governmental record.
(g) A person is presumed to intend to defraud or
harm another if the person acts with respect to two or more of the same type of
governmental records or blank governmental record forms and if each
governmental record or blank governmental record form is a license,
certificate, permit, seal, title, or similar document issued by government.
(h) If conduct that constitutes an offense under
this section also constitutes an offense under Section 32.48 or 37.13, the
actor may be prosecuted under any of those sections.
(i) With the consent of the appropriate local
county or district attorney, the attorney general has concurrent jurisdiction
with that consenting local prosecutor to prosecute an offense under this
section that involves the state Medicaid program.
(j) It is not a defense to prosecution under
Subsection (a)(2) that the record, document, or thing made, presented, or used
displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or
another substantially similar statement intended to alert a person to the
falsity of the record, document, or thing, unless the record, document, or
thing displays the statement diagonally printed clearly and indelibly on both
the front and back of the record, document, or thing in solid red capital
letters at least one-fourth inch in height.
Acts
1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1989, 71st Leg., ch. 1248,
Sec. 66, eff. Sept. 1, 1989; Acts 1991,
72nd Leg., ch. 113, Sec. 4, eff. Sept. 1, 1991;
Acts 1991, 72nd Leg., ch. 565, Sec. 5, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01,
eff. Sept. 1, 1994; Acts 1997, 75th
Leg., ch. 189, Sec. 6, eff. May 21, 1997;
Acts 1997, 75th Leg., ch. 823, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 659, Sec. 2, eff.
Sept. 1, 1999; Acts 1999, 76th Leg., ch.
718, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 771, Sec. 3, eff.
June 13, 2001; Acts 2003, 78th Leg., ch.
198, Sec. 2.139, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 257, Sec. 16, eff. Sept. 1, 2003.
Amended
by:
Acts
2005, 79th Leg., Ch. 1364 (H.B. 126), Sec. 1, eff. June 18, 2005.
Acts
2007, 80th Leg., R.S., Ch. 1085 (H.B. 3024), Sec. 2, eff. September 1, 2007.
Acts
2009, 81st Leg., R.S., Ch. 73 (H.B. 1813), Sec. 1, eff. September 1, 2009.
Acts
2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 31, eff. September 1, 2009.
Acts
2013, 83rd Leg., R.S., Ch. 510 (S.B. 124), Sec. 1, eff. September 1, 2013.
Acts
2015, 84th Leg., R.S., Ch. 690 (H.B. 644), Sec. 3, eff. September 1, 2015.
Sec.
37.13. RECORD OF A FRAUDULENT
COURT. (a) A person commits an offense if the person
makes, presents, or uses any document or other record with:
(1) knowledge that the document or other record
is not a record of a court created under or established by the constitution or
laws of this state or of the United States;
and
(2) the intent that the document or other record
be given the same legal effect as a record of a court created under or
established by the constitution or laws of this state or of the United States.
(b) An offense under this section is a Class A
misdemeanor, except that the offense is a felony of the third degree if it is
shown on the trial of the offense that the defendant has previously been
convicted under this section on two or more occasions.
(c) If conduct that constitutes an offense under
this section also constitutes an offense under Section 32.48 or 37.10, the
actor may be prosecuted under any of those sections.
Added
by Acts 1997, 75th Leg., ch. 189, Sec. 8, eff. May 21, 1997.
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