By Jones of Dallas H.B. No. 918
75R4538 PEP-D
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(3), Code of Criminal Procedure, is
1-14 amended to read as follows:
1-15 (3) "Computerized criminal history system" means the
1-16 data base maintained by the Department of Public Safety containing
1-17 arrest, disposition, and other criminal history and information on
1-18 aliases reported under Article 60.20 [maintained by the Department
1-19 of Public Safety].
1-20 SECTION 3. Article 60.02(b), Code of Criminal Procedure, is
1-21 amended to read as follows:
1-22 (b) The Department of Public Safety is responsible for
1-23 recording data and maintaining a data base for a computerized
1-24 criminal history system that serves as the record creation point
2-1 for criminal history information maintained by the state and
2-2 information on aliases reported under Article 60.20.
2-3 SECTION 4. Article 60.05, Code of Criminal Procedure, is
2-4 amended to read as follows:
2-5 Art. 60.05. Types of information collected. (a) The
2-6 criminal justice information system must contain but is not limited
2-7 to the following types of information for each arrest for a felony
2-8 or a misdemeanor not punishable by fine only:
2-9 (1) information relating to offenders;
2-10 (2) information relating to arrests;
2-11 (3) information relating to prosecutions;
2-12 (4) information relating to the disposition of cases
2-13 by courts;
2-14 (5) information relating to sentencing; and
2-15 (6) information relating to the handling of offenders
2-16 received by a correctional agency, facility, or other institution.
2-17 (b) In addition to the information required by Subsection
2-18 (a), the criminal justice information system shall contain
2-19 information relating to aliases reported under Article 60.20.
2-20 SECTION 5. Article 60.051, Code of Criminal Procedure, is
2-21 amended by adding Subsection (g) to read as follows:
2-22 (g) Information in the computerized criminal history system
2-23 relating to an alias reported under Article 60.20 must include, in
2-24 addition to a statement of the alias:
2-25 (1) the name, address, county of residence, and date
2-26 of birth of the person using the alias;
2-27 (2) any known identifying number of the person using
3-1 the alias, including the person's social security number or
3-2 driver's license number;
3-3 (3) a physical description of the person using the
3-4 alias, including sex, weight, height, race, ethnicity, eye color,
3-5 hair color, scars, marks, and tattoos;
3-6 (4) the name, address, county of residence, and date
3-7 of birth of the person reporting the alias;
3-8 (5) a physical description of the person reporting the
3-9 alias, including sex, weight, height, race, ethnicity, eye color,
3-10 hair color, scars, marks, and tattoos;
3-11 (6) the driver's license number and social security
3-12 number of the person reporting the alias;
3-13 (7) the relationship, if any, between the person using
3-14 the alias and the person reporting the alias; and
3-15 (8) any offenses the person using the alias has
3-16 allegedly committed.
3-17 SECTION 6. Chapter 60, Code of Criminal Procedure, is
3-18 amended by adding Article 60.20 to read as follows:
3-19 Art. 60.20. INFORMATION ON PERSONS USING ALIASES. (a) A
3-20 person may file an affidavit with a local criminal justice agency
3-21 to assist in the arrest of a person using an alias if:
3-22 (1) the person using the alias used the name of the
3-23 person filing the affidavit as an alias in violation of Section
3-24 38.02(b)(1) or (2), Penal Code; and
3-25 (2) a criminal case was filed against the person
3-26 filing the affidavit for an offense committed by the person using
3-27 the alias.
4-1 (b) An affidavit filed under this article must contain the
4-2 information described by Article 60.051(g).
4-3 (c) A criminal justice agency that receives an affidavit
4-4 under this article shall forward the information contained in the
4-5 affidavit to the department for inclusion in the computerized
4-6 criminal history system.
4-7 (d) The department by rule shall adopt procedures to
4-8 implement this article.
4-9 SECTION 7. Section 411.082(2), Government Code, is amended
4-10 to read as follows:
4-11 (2) "Criminal history record information" means
4-12 information collected about a person by a criminal justice agency
4-13 that consists of identifiable descriptions and notations of
4-14 arrests, detentions, indictments, informations, and other formal
4-15 criminal charges and their dispositions and information relating to
4-16 aliases reported under Article 60.20, Code of Criminal Procedure.
4-17 The term does not include:
4-18 (A) identification information, including
4-19 fingerprint records, to the extent that the identification
4-20 information does not indicate involvement of the person in the
4-21 criminal justice system; or
4-22 (B) driving record information maintained by the
4-23 department under Subchapter C, Chapter 521, Transportation Code
4-24 [Section 21, Chapter 173, Acts of the 47th Legislature, Regular
4-25 Session, 1941 (Article 6687b, Vernon's Texas Civil Statutes)].
4-26 SECTION 8. Section 411.083, Government Code, is amended by
4-27 adding Subsection (e) to read as follows:
5-1 (e) To the extent criminal history record information
5-2 contains information relating to an alias reported under Article
5-3 60.20, Code of Criminal Procedure, the department may release that
5-4 information only to an individual or entity described by Subsection
5-5 (b)(1), (3), (4), or (5).
5-6 SECTION 9. (a) In addition to the substantive changes made
5-7 by this Act, this Act conforms Section 411.082(2), Government Code,
5-8 to Chapter 165, Acts of the 74th Legislature, Regular Session,
5-9 1995.
5-10 (b) To the extent of any conflict, this Act prevails over
5-11 another Act of the 75th Legislature, Regular Session, relating to
5-12 nonsubstantive additions to and corrections in enacted codes.
5-13 SECTION 10. The Department of Public Safety shall establish
5-14 the rules and procedures necessary to comply with Chapter 60, Code
5-15 of Criminal Procedure, as amended by this Act, not later than
5-16 January 1, 1998.
5-17 SECTION 11. (a) The change in law made by Section 1 of this
5-18 Act to Section 38.02, Penal Code, applies only to an offense
5-19 committed on or after the effective date of this Act. For purposes
5-20 of this section, an offense is committed before the effective date
5-21 if any element of the offense occurs before that date.
5-22 (b) An offense committed before the effective date of this
5-23 Act is covered by the law in effect when the offense was committed,
5-24 and the former law is continued in effect for this purpose.
5-25 SECTION 12. This Act takes effect September 1, 1997.
5-26 SECTION 13. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.