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A BILL TO BE ENTITLED
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AN ACT
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relating to the prosecution of the offense of failure to identify. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.02, Penal Code, is amended by |
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amending Subsection (a) and adding Subsection (f) to read as |
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follows: |
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(a) A person commits an offense if the person [he] |
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intentionally refuses to give the person's [his] name, residence |
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address, or date of birth to a peace officer who has: |
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(1) lawfully arrested or lawfully detained the person; |
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and |
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(2) requested the information. |
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(f) For purposes of this section, an arrest or detention of |
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a person by a peace officer is lawful only if a reasonable peace |
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officer would have arrested or detained the person under the same |
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circumstances under which the actor was arrested or detained. |
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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, 2009. |