ACM C.S.H.B. 3375 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
C.S.H.B. 3375
By: Hamric
5-7-97
Committee Report (Substituted)



BACKGROUND 

Under Section 38.02 of the Penal Code it is an offense for a person to
intentionally refuse "to give his name, residence address, or date of
birth to a peace officer who has lawfully arrested the person and
requested the information."  In addition, a person commits an offense if
he intentionally gives a false or fictitious name, residence address, or
date of birth to a peace officer who has lawfully arrested the person,
lawfully detained the person  or requested the information from a person
that the peace officer has good cause to believe is a witness to a
criminal offense.   

The current law does not address the situation where a person not only
intentionally gives a false name, but actually uses the official
identification (a driver's license or identification card issued by a
state) of another individual.  The use of false or stolen official
identification by persons intent on committing a criminal offense or to
avoid being arrested is a problem for both law enforcement officials and
private citizens.  Individuals that do so hinder law enforcement
objectives and subject innocent citizens to arrest and/or unnecessary
detention. 

PURPOSE

HB 3375, as proposed, would make it a crime for an individual to use the
official identification of another to commit an offense, evade detention
or arrest, or avoid prosecution, conviction, or punishment.  

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 38, Penal Code, by adding Section 38.021 as
follows: 

Section 38.021. USING FALSE IDENTIFICATION. 

(a) Defines "official identification."

(b) Provides that a person commits an offense if the person uses the
official identification of another to commit or attempt to commit an
offense, evade or attempt to evade detention or arrest for any offense, or
avoid or attempt to avoid prosecution, conviction, or punishment for any
offense.   

(c) An offense under this section is a:

 (1)  Class C misdemeanor if the defendant uses the identification to
commit or attempt to commit a misdemeanor under Chapter 106, Alcoholic
Beverage Code (Provisions Relating to Age), evade or attempt to evade
detention or arrest for a misdemeanor under that chapter, or avoid or
attempt to avoid prosecution, conviction, or punishment for a misdemeanor
under that chapter; 

 (2)  Class B misdemeanor if the defendant uses the identification to
commit or attempt to commit a misdemeanor other than a misdemeanor
described by Subdivision (1), evade or attempt  to evade detention or
arrest for a misdemeanor other than a misdemeanor described by Subdivision
(1), or avoid or attempt to avoid prosecution , conviction, or punishment
for a misdemeanor other than a misdemeanor described by Subdivision (1);
or 

 (3)  felony of the third degree if the defendant uses the identification
to commit or attempt to commit a felony, evade or attempt to evade
detention or arrest for a felony, or avoid or attempt to avoid
prosecution, conviction or punishment for a felony. 
 
SECTION 2. Effective date:  September 1, 1997 

SECTION 3. Emergency clause. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute adds language to Subsection (b) which adds attempt to
commit an offense, attempt to evade detention ar arrest for any offense,
and attempt to avoid prosecution, conviction, or punishment for any
offense to the list of offenses under Section 38.021.  The original bill
provided that all offenses under Section 38.021 are felonies of the third
degree.  The substitute provides that an offense under this Section may be
a Class C misdemeanor, a Class B misdemeanor or a felony of the third
degree depending upon the circumstances.