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.
 1-4           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.