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.