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
1-8 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
2-7 (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.