SRC-TJG H.B. 325 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 325
By: McCall (Estes)
Criminal Justice
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, the penalty for providing false information to a peace
officer is a Class C misdemeanor.  The current language of Penal Code
Section 38.02 does not take into account the prevalence or severity of
identity theft.  H.B. 325 increases the penalty for providing false
information to a peace officer. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 38.02(c) and (d), Penal Code, as follows:
 
(c) Provides that, except as provided by Subsection (d), an offense under
this section is a Class C misdemeanor if the offense is committed under
Subsection (a) or a Class B misdemeanor if the offense is committed under
Subsection (b). 
 
(d) Provides that if it is shown on the trial of an offense under this
section that the defendant was a fugitive from justice at the time of the
offense, the offense is a Class B misdemeanor if the offense is committed
under Subsection (a) or a Class A misdemeanor if the offense is committed
under Subsection (b). 
 
SECTION 2.  Effective date: September 1, 2003.
            Makes application of this Act prospective.