By Jones of Dallas, et al. H.B. No. 581
Substitute the following for H.B. No. 581:
By Edwards C.S.H.B. No. 581
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the offense of failure to identify and to including
1-3 information on a person who gives a false name to a peace officer
1-4 in the computerized criminal history system.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 38.02(c) and (d), Penal Code, are
1-7 amended to read as follows:
1-8 (c) Except as provided by Subsection (d), an offense under
1-9 this section is a Class B <C> misdemeanor.
1-10 (d) If it is shown on the trial of an offense under this
1-11 section that the defendant was a fugitive from justice at the time
1-12 of the offense, the offense is a Class A <B> misdemeanor.
1-13 SECTION 2. Article 60.01, Code of Criminal Procedure, is
1-14 amended by amending Subsection (3) and adding Subsection (17) to
1-15 read as follows:
1-16 (3) "Computerized criminal history system" means the
1-17 data base maintained by the Department of Public Safety containing
1-18 arrest, disposition, and other criminal history and information on
1-19 aliases reported under Article 60.19 of this code <maintained by
1-20 the Department of Public Safety>.
1-21 (17) "alias information" means any personal
1-22 identification information that does not accurately describe the
1-23 person using the personal identification information, including
1-24 identification numbers that are assigned to another person.
2-1 SECTION 3. Chapter 60, Code of Criminal Procedure is amended
2-2 by adding Article 60.19 to read as follows:
2-3 Article 60.19. ALIAS INFORMATION. (a) If a criminal
2-4 justice agency receives a verifiable report that an offender is
2-5 using alias information, as defined in Article 60.01, which
2-6 accurately describes another, then the criminal justice agency
2-7 receiving that report will notify the Department of Public Safety
2-8 of the use of alias information describing another, in accordance
2-9 with the policies adopted under subsection (c).
2-10 (b) The Department of Public Safety shall maintain in the
2-11 computerized criminal history system and or other law enforcement
2-12 information system, as appropriate, reports on the use of alias
2-13 information which describes another and disseminate to agencies or
2-14 persons making inquiries into the law enforcement information
2-15 systems, when appropriate, a notice that identifiers used in the
2-16 inquiry have been reported to the Department of Public Safety as
2-17 alias information describing another.
2-18 (c) The Department of Public Safety shall adopt procedures
2-19 to implement this article.
2-20 SECTION 4. The Department of Public Safety shall establish
2-21 the rules and procedures necessary to comply with Chapter 60, Code
2-22 of Criminal Procedure, as amended by this Act, not later than
2-23 January 1, 1996.
2-24 SECTION 5. (a) The change in law made by Section 1 of this
2-25 Act to Section 38.02, Penal Code, applies only to an offense
2-26 committed on or after the effective date of this Act. For purposes
2-27 of this section, an offense is committed before the effective date
3-1 if any element of the offense occurs before the date.
3-2 (b) An offense committed before the effective date of this
3-3 Act is covered by the law in effect when the offense was committed,
3-4 and the former law is continued in effect for this purpose.
3-5 SECTION 6. This Act takes effect September 1, 1995.
3-6 SECTION 7. The importance of this legislation and the
3-7 crowded condition of the calendars in both houses create an
3-8 emergency and an imperative public necessity that the
3-9 constitutional rule requiring bills to be read on three several
3-10 days in each house be suspended, and this rule is hereby suspended.