BILL ANALYSIS



C.S.H.B. 581
By: Jones, Jesse
04-27-95
Committee Report (Substituted)


BACKGROUND

Every year thousands of peaceful law abiding citizens are having
cases filed against them and being arrested due to other persons
reporting their names to police when lawfully stopped for Class C
Misdemeanors or traffic violations.  In some cases, friends,
relatives, or strangers, when traveling without proper
identification, gives the police officer the name of another person
to avoid being charged with the alleged violations.  Unknowingly,
the police accept the name of the innocent citizen from the friend,
relative or stranger.  Accordingly, the police record the violation
of the law in the name of the law abiding citizen.

PURPOSE

House Bill 581 would allow an innocent party to file an affidavit
with a local criminal justice agency to assist in the arrest of a
person using an alias.  Requires the Department of Public Safety to
maintain information on persons using aliases and provides for
penalties for giving false information to a peace officer.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill expressly grants
additional rulemaking authority to the Texas Department of Public
Safety in Section 3 of the bill (Chapter 60, Article 60.19,
Subsection (c), Code of Criminal Procedure) and Section 4.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 38.02(c) and (d) of the Penal Code to
increase the penalty for providing false information to a peace
officer to a Class B Misdemeanor, unless the defendant is a
fugitive in which case the penalty would be increased to a Class A
Misdemeanor.

SECTION 2.  Amends Article 60.01(3) and adds Article 60.17, Code of
Criminal Procedure, as follows:

(3) requires the Department of Public Safety to maintain
information on person using aliases (as provided under Article
60.19 of this code.);

(17) defines the term "alias information".

SECTION 3.  Amends Article 60 of the Code of Criminal Procedure by
adding Article 60.19 with new language as follows:

Article 60.19(a):  requires a criminal justice agency to report all
verifiable reports of an offender using alias information, as
defined in Article 60.01, which accurately describes another to the
Department of Public Safety as outlined under polices adopted by
the Department provided for under subsection (c).

Article 60.19(b):  requires the Department of Public Safety to
maintain reports on the use of alias information which describes
another, in the computerized criminal history system and or other
law enforcement information system.  The Department shall
disseminate the information to agencies or persons making inquiries
into the law enforcement information systems.  

Article 60.19(c):  requires the Department of Public Safety to
adopt procedures to implement this article.
     
SECTION 4.  Requires the Department of Public Safety to establish
rules and procedures necessary to comply with Chapter 60 of the
Code of Criminal Procedures as amended by this Act by January 1,
1996.

SECTION 5.  States that this Act only applies to an offense
committed on or after the effective date of this Act.  Any offense
committed before the effective date of this Act is covered by the
law in effect when the offense was committed.

SECTION 6.  Effective Date.

SECTION 7.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute retains the goal of the original bill to require the
Department of Public Safety to maintain a record of individuals
using alias information which accurately describes another. 
C.S.H.B. 581 allows the Department to maintain the information in
the "computerized criminal history system" as well as any other law
enforcement information system the Department determines
appropriate.  C.S.H.B. 581 also requires the Department to
disseminate the information to agencies or persons making inquiries
into the law enforcement information system.

SUMMARY OF COMMITTEE ACTION

H.B. 581 was considered by the committee in a public hearing on
April 18, 1995.  The following person testified on the bill: 
     David Gavin, representing the Department of Public Safety.  
The committee considered a complete substitute for the bill.  The
substitute was adopted without objection.  The  bill was reported
favorably as substituted, with the recommendation that it do pass
and be printed and be sent to the Committee on Local and Consent
Calendars, by a record vote of 5 ayes, 0 nays, 0 pnv, 4 absent.