HBA-RBT H.B. 2158 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2158
By: Dukes
Criminal Jurisprudence
3/30/1999
Introduced



BACKGROUND AND PURPOSE 

Some Texans are submitting false identities when they are arrested.  These
individuals may be tried, convicted, and incarcerated under someone else's
identity or a false name.  Some citizens have lost their voting privileges
and other common rights as a consequence.  Currently, there is no
requirement for a defendant to prove their identity during the criminal
jurisprudence process. 

H.B. 2158 requires defendants to produce a driver's license and a social
security card and to prove their identity.  If these materials are
unavailable, they must present a certified copy of their birth certificate.
Finally, if a birth certificate is unavailable, the law enforcement agency
must do a fingerprint analysis to ascertain the defendant's identity.  If
the defendant does not provide any of the required documentation, the court
will ask the defendant to make a sworn statement as to the defendant's
identity. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 26, Code of Criminal Procedure, by adding
Article 26.071, as follows: 

Art.  26.071.  DETERMINATION OF DEFENDANT'S IDENTITY.  Requires the
defendant or the counsel for the defendant to present to the court a copy
of the defendant's social security card and a copy of the defendant's
driver's license or identity card issued by a governmental entity to assist
the court in determining the true identity of the defendant when the name
of the defendant is called at arraignment.  Requires the defendant to
present to the court a certified copy of the defendant's birth certificate
if the defendant or the counsel refuses or is unable to present copies of
both documents.  Requires the court to require the law enforcement agency
having custody of the defendant to attempt to identify the defendant by
comparison of the defendant's fingerprints to fingerprints maintained by
the Texas Department of Public Safety if the defendant or the counsel
refuses to or is unable to present the copy of the birth certificate.
Requires the law enforcement agency to confirm that the identity provided
the court by the defendant is the defendant's true identity, indicate to
the court that the identity provided the court by the defendant is not the
defendant's true identity and provide the court with the defendant's true
identity, or inform the court that it is unable to determine the
defendant's true identity.  Authorizes the court to require the defendant
to make a sworn statement stating the defendant's identity at any time. 

SECTION 2.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 3.  Emergency clause.