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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of and punishment for the offense of |
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failure to identify. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 38.02(a), (c), and (d), Penal Code, are |
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amended to read as follows: |
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(a) A person commits an offense if he intentionally refuses |
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to give his name, residence address, or date of birth to a peace |
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officer who has lawfully arrested or lawfully detained the person |
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and who has requested the information. |
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(c) Except as provided by Subsections (d) and (e), an |
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offense under this section is[:
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[(1) a Class C misdemeanor if the offense is committed
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under Subsection (a); or
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[(2)] a Class B misdemeanor [if the offense is
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committed under Subsection (b)]. |
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(d) If it is shown on the trial of an offense under |
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Subsection (a), (b)(1), or (b)(2) [this section] that the defendant |
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was a fugitive from justice at the time of the offense, the offense |
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is[:
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[(1) a Class B misdemeanor if the offense is committed
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under Subsection (a); or
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[(2)] a Class A misdemeanor [if the offense is
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committed under Subsection (b)]. |
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SECTION 2. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense is committed before the effective date of |
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this Act if any element of the offense occurs before that date. |
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SECTION 3. This Act takes effect September 1, 2007. |