By Garcia H.B. No. 2517 77R7177 KEL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the prosecution of the offense of failure to identify. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 38.02, Penal Code, is amended to read as 1-5 follows: 1-6 Sec. 38.02. FAILURE TO IDENTIFY. (a) A person commits an 1-7 offense if he intentionally refuses to give his name, residence 1-8 address, or date of birth to a peace officer who has lawfully 1-9 arrested the person and requested the information. 1-10 (b) A person commits an offense if he intentionally gives a 1-11 false or fictitious name, residence address, or date of birth to a 1-12 peace officer who has: 1-13 (1) lawfully arrested the person; 1-14 (2) lawfully detained the person; or 1-15 (3) requested the information from a person that the 1-16 peace officer has good cause to believe is a witness to a criminal 1-17 offense, other than a person suspected by the officer as being a 1-18 party to that offense. 1-19 (c) Except as provided by Subsection (d), an offense under 1-20 this section is a Class C misdemeanor. 1-21 (d) If it is shown on the trial of an offense under this 1-22 section that the defendant was a fugitive from justice at the time 1-23 of the offense, the offense is a Class B misdemeanor. 1-24 (e) For purposes of Subsection (b)(2), an oral statement is 2-1 a sufficient means of providing identifying information to a peace 2-2 officer. The officer has the burden to establish the actor's 2-3 intentional deception with respect to that information. 2-4 (f) A peace officer investigating conduct that may 2-5 constitute an offense under Subsection (b)(2) may not arrest the 2-6 person for that offense unless the officer concurrently arrests the 2-7 person for a separate offense. 2-8 SECTION 2. This Act takes effect September 1, 2001, and 2-9 applies only to an offense committed on or after that date. An 2-10 offense committed before the effective date of this Act is covered 2-11 by the law in effect when the offense was committed, and the former 2-12 law is continued in effect for that purpose. For purposes of this 2-13 section, an offense was committed before the effective date of this 2-14 Act if any element of the offense occurred before that date.