77R11489 KEL-D                           
         By Garcia                                             H.B. No. 2517
         Substitute the following for H.B. No. 2517:
         By Garcia                                         C.S.H.B. No. 2517
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the prosecution of an offense regarding a refusal to
 1-3     provide identification or the provision of false identification to
 1-4     a peace officer.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 38.02, Penal Code, is amended to read as
 1-7     follows:
 1-8           Sec. 38.02.  REFUSAL TO PROVIDE IDENTIFYING INFORMATION BY
 1-9     ARRESTED PERSON; PROVISION OF FALSE IDENTIFYING INFORMATION IN
1-10     CONNECTION WITH CRIMINAL INVESTIGATION [FAILURE TO IDENTIFY].  (a)
1-11     A person commits an offense if he intentionally refuses to give his
1-12     name, residence address, or date of birth to a peace officer who
1-13     has lawfully arrested the person and requested the information.
1-14           (b)  A person commits an offense if he intentionally gives a
1-15     false or fictitious name, residence address, or date of birth to a
1-16     peace officer who has:
1-17                 (1)  lawfully arrested the person;
1-18                 (2)  lawfully detained the person; or
1-19                 (3)  requested the information from a person, other
1-20     than a person suspected by the officer as being a party to a
1-21     criminal offense, that the peace officer has good cause to believe
1-22     is a witness to a criminal offense.
1-23           (c)  Except as provided by Subsection (d), an offense under
1-24     this section is a Class C misdemeanor.
 2-1           (d)  If it is shown on the trial of an offense under this
 2-2     section that the defendant was a fugitive from justice at the time
 2-3     of the offense, the offense is a Class B misdemeanor.
 2-4           (e)  For purposes of this section, an oral statement is a
 2-5     sufficient means of providing identifying information to a peace
 2-6     officer.
 2-7           (f)  It is an exception to the application of this section
 2-8     that a person who intentionally refuses to give identifying
 2-9     information to a peace officer is being detained or otherwise
2-10     interrogated in connection with a criminal investigation and is not
2-11     being arrested at that time.
2-12           SECTION 2.  This Act takes effect September 1, 2001, and
2-13     applies only to an offense committed on or after that date.  An
2-14     offense committed before the effective date of this Act is covered
2-15     by the law in effect when the offense was committed, and the former
2-16     law is continued in effect for that purpose.  For purposes of this
2-17     section, an offense was committed before the effective date of this
2-18     Act if any element of the offense occurred before that date.