H.B. 325 78(R)
Page 1 of 1   BILL ANALYSIS 


H.B. 325
By: McCall
Law Enforcement
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under current law, the penalty for providing false information to a peace
officer is a Class C misdemeanor.  This is a crime that exposes Texans to
identity theft and places offenses on their criminal records that they did
not commit.  According to the FBI, identity theft is one of the
fastestgrowing crimes in the United States.  Studies show that about one
in five families in this country has been a victim of identity theft.
Myriads of federal government reports, prepared by such agencies as the
GAO, INS, and FBI, have linked the crime of identity theft to many other
serious crimes including mass fraud, people trafficking, and even terror
organization activities.  The Federal Trade Commission estimates that the
average victim spends 175 hours and $1,100 in out-of-pocket expenses
dealing with identity theft.  The current language of Penal Code Section
38.02 does not take into account the prevalence or severity of identity
theft.  House Bill 325 increases the penalty for providing false
information to a peace officer. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

House Bill 325 amends Section 38.02(c) of the Penal Code to increase the
penalty for intentional refusal to give one's name, address, or date of
birth to a peace officer, or intentional provision of a false or
fictitious name, address, or date of birth to a peace officer from a Class
C to a Class B misdemeanor.  The bill amends Section 38.02(d) of the Penal
Code to increase the penalty from a Class B to a Class A misdemeanor in
cases wherein the offender is shown on the trial of an offense under
Section 38.02  to have been a fugitive from justice at the time the
offense was committed. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.

EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 increases from a Class C to a Class B
misdemeanor the penalty for a person who intentionally gives a false or
fictitious name, address, or date of birth to a  peace officer.  The
amendment increases from a Class B to a Class A misdemeanor the penalty
for a defendant who gives a false or fictitious name, address, or date of
birth to a peace officer and is shown to have been a fugitive at the time
of the commission of the offense.  The amendment leaves the penalty for a
person who intentionally refuses to give his or her name, address, or date
of birth to a peace officer the same as under current law.