By Dukes                                              H.B. No. 2158
         76R8395 GWK-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to ascertaining the identity of a defendant at the time of
 1-3     arraignment in a criminal case.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 26, Code of Criminal Procedure, is
 1-6     amended by adding Article 26.071 to read as follows:
 1-7           Art. 26.071.  DETERMINATION OF DEFENDANT'S IDENTITY.  To
 1-8     assist the court in determining the true identity of the defendant,
 1-9     when the name of the defendant is called under Article 26.07, the
1-10     defendant or the counsel for the defendant shall present to the
1-11     court a copy of the defendant's social security card and a copy of
1-12     the defendant's driver's license or identity card issued by a
1-13     governmental entity.  If the defendant or the counsel refuses to or
1-14     is unable to present copies of both documents, the defendant shall
1-15     present to the court a certified copy of the defendant's birth
1-16     certificate.  If the defendant or the counsel refuses to or is
1-17     unable to present the copy of the birth certificate, the court
1-18     shall require the law enforcement agency having custody of the
1-19     defendant to attempt to identify the defendant by comparison of the
1-20     defendant's fingerprints to fingerprints maintained by the Texas
1-21     Department of Public Safety.  The law enforcement agency shall
1-22     confirm that the identity provided the court by the defendant is
1-23     the defendant's true identity, indicate to the court that the
1-24     identity provided the court by the defendant is not the defendant's
 2-1     true identity and provide the court with the defendant's true
 2-2     identity, or inform the court that it is unable to determine the
 2-3     defendant's true identity.  At any time, the court may require the
 2-4     defendant to make a sworn statement stating the defendant's
 2-5     identity.
 2-6           SECTION 2.  This Act takes effect September 1, 1999, and
 2-7     applies only to an arraignment conducted on or after that date.
 2-8           SECTION 3.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended.