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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 certain criminal |
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offenses involving the use of a false or fictitious identity or |
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identifying documents. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.10, Penal Code, is amended by adding |
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Subsection (j) to read as follows: |
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(j) It is not a defense to prosecution under Subsection |
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(a)(2) that the record, document, or thing made, presented, or used |
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displays or contains the statement "NOT A GOVERNMENT DOCUMENT" or |
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another substantially similar statement intended to alert a person |
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to the falsity of the record, document, or thing, unless the record, |
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document, or thing displays the statement diagonally printed |
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clearly and indelibly on both the front and back of the record, |
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document, or thing in solid red capital letters at least one-fourth |
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inch in height. |
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SECTION 2. Section 38.02, Penal Code, is amended by |
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amending Subsection (c) and adding Subsection (d-1) to read as |
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follows: |
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(c) Except as provided by Subsections (d) and (d-1) [(e)], |
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an 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 committed |
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under Subsection (b). |
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(d-1) An offense under Subsection (b) is a state jail felony |
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if it is shown on the trial of the offense that the actor: |
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(1) was at the time of the offense a member of a |
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criminal street gang, as defined by Section 71.01; and |
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(2) committed the offense with the intent to: |
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(A) further the criminal activities of the |
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criminal street gang; or |
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(B) avoid detection as a member of a criminal |
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street gang. |
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SECTION 3. 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 was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |