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By:  McCall (Senate Sponsor - Estes)                              H.B. No. 325
	(In the Senate - Received from the House March 31, 2003; 
April 3, 2003, read first time and referred to Committee on 
Criminal Justice; May 23, 2003, reported favorably by the 
following vote:  Yeas 4, Nays 0; May 23, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to the punishment for the offense of failure to identify.          
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 38.02(c) and (d), Penal Code, are 
amended to read as follows:
	(c)  Except as provided by Subsection (d), an offense under 
this section is:
		(1)  a Class C misdemeanor if the offense is committed 
under Subsection (a); or
		(2)  a Class B misdemeanor if the offense is committed 
under Subsection (b).
	(d)  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:
		(1)  a Class B misdemeanor if the offense is committed 
under Subsection (a); or
		(2)  a Class A misdemeanor if the offense is committed 
under Subsection (b).
	SECTION 2.  This Act takes effect September 1, 2003, and 
applies only to an offense committed on or after that date.  An 
offense committed before September 1, 2003, is covered by the law in 
effect at the time the offense was committed, and the former law is 
continued in effect for that purpose.  For purposes of this section, 
an offense was committed before September 1, 2003, if any element of 
the offense was committed before that date.



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